15 Top Asbestos Litigation Bloggers You Must Follow
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New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long period of latency is the second most common mesothelioma patient in the country in 2019.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be very expensive and expert witness costs make up a significant portion of the total costs. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants carefully research and vet possible experts prior to interviewing them. In the absence of doing so, it could result in a failed Daubert contest and a loss of cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos lawsuit. Many of these workers have developed asbestos-related illnesses, like mesothelioma and lung cancer. They can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular in New York, and judges are well-versed in the issues involved. For example, the courts speed up trials for ill plaintiffs, and they often consolidate cases to reduce trial expenses. The courts also review their discovery procedure to ensure that it is effective and current.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove the causality. The defendants appealed the case, and the decision is expected to be made soon.
The court's decision is expected to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms pepper daytime TV with advertisements urging people to file asbestos lawsuits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits are on the rise and New York is among the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you're due.
Asbestos exposure can lead to serious diseases such as mesothelioma or lung cancer. These diseases are extremely serious and have a long period of latency. This means that victims may not have started experiencing symptoms until twenty or 25 years after their first exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid future illness. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant development came in 2015 when the political establishment was shaken to the core by the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His decisions have made it more difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead it required that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling gives New York Asbestos Lawsuit attorneys a strong argument against claims that claim to be false or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the specific products they were exposed to. The decision imposes plaintiffs with the obligation to prove that their illness was caused by specific friction materials and linings which were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The most significant challenge facing asbestos lawsuit defendants is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing substances causes mesothelioma and various other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by specific defendants in order to prevail on their claims.
This is a challenging standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causality.
Juni has placed a huge burden on defendants and may force them settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and the options for restitution financial if you're diagnosed with mesothelioma or any other asbestos-related illnesses.
New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were contractors or workers exposed to asbestos lawsuit in industrial applications.
Symptoms of mesothelioma are not usually evident until between 25 and 50 years after exposure. Many asbestos victims are fighting for the compensation they need for medical expenses loss of wages, companionship loss, in addition to other damages.
It is essential to file your mesothelioma suit promptly however, it is important to consult a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma attorney from NYC to set up a free appointment, no-obligation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit can help your family recover losses. Compensation can cover medical bills, income loss from being unable, home care expenses as well as pain and suffering, mental anxiety, loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawsuit lawyer will investigate the responsible parties to gather evidence and support your claim. After that, your lawyer will start a civil lawsuit in court before the state's time limit expires.
The courts are familiar with asbestos lawsuits, and they have specialized dockets to help speed up the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. In addition the judges who handle these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure that justice is served.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
These lawsuits are designed to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.
However, the NYCAL decision gives defendants an opportunity to win their struggle to stay clear of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so outrageous that they must pay punitive damages to prevent others from following suit.
With the ruling in favor of plaintiffs, it is expected that many of the companies named as defendants will be dismissed. This is because even if they get dismissed, they will still need to incur legal costs to defend a case they didn't deserve to be involved in.
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long period of latency is the second most common mesothelioma patient in the country in 2019.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test and expert reports putting any respirable exposure below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be very expensive and expert witness costs make up a significant portion of the total costs. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants carefully research and vet possible experts prior to interviewing them. In the absence of doing so, it could result in a failed Daubert contest and a loss of cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos lawsuit. Many of these workers have developed asbestos-related illnesses, like mesothelioma and lung cancer. They can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular in New York, and judges are well-versed in the issues involved. For example, the courts speed up trials for ill plaintiffs, and they often consolidate cases to reduce trial expenses. The courts also review their discovery procedure to ensure that it is effective and current.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove the causality. The defendants appealed the case, and the decision is expected to be made soon.
The court's decision is expected to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms pepper daytime TV with advertisements urging people to file asbestos lawsuits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits are on the rise and New York is among the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you're due.
Asbestos exposure can lead to serious diseases such as mesothelioma or lung cancer. These diseases are extremely serious and have a long period of latency. This means that victims may not have started experiencing symptoms until twenty or 25 years after their first exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid future illness. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant development came in 2015 when the political establishment was shaken to the core by the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His decisions have made it more difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead it required that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling gives New York Asbestos Lawsuit attorneys a strong argument against claims that claim to be false or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the specific products they were exposed to. The decision imposes plaintiffs with the obligation to prove that their illness was caused by specific friction materials and linings which were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The most significant challenge facing asbestos lawsuit defendants is the need to prove that there is a causal link. It is generally accepted that exposure to asbestos-containing substances causes mesothelioma and various other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by specific defendants in order to prevail on their claims.
This is a challenging standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causality.
Juni has placed a huge burden on defendants and may force them settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and the options for restitution financial if you're diagnosed with mesothelioma or any other asbestos-related illnesses.
New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were contractors or workers exposed to asbestos lawsuit in industrial applications.
Symptoms of mesothelioma are not usually evident until between 25 and 50 years after exposure. Many asbestos victims are fighting for the compensation they need for medical expenses loss of wages, companionship loss, in addition to other damages.
It is essential to file your mesothelioma suit promptly however, it is important to consult a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma attorney from NYC to set up a free appointment, no-obligation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit can help your family recover losses. Compensation can cover medical bills, income loss from being unable, home care expenses as well as pain and suffering, mental anxiety, loss of quality of life as well as funeral and burial costs. An experienced New York asbestos lawsuit lawyer will investigate the responsible parties to gather evidence and support your claim. After that, your lawyer will start a civil lawsuit in court before the state's time limit expires.
The courts are familiar with asbestos lawsuits, and they have specialized dockets to help speed up the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. In addition the judges who handle these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure that justice is served.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
These lawsuits are designed to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.
However, the NYCAL decision gives defendants an opportunity to win their struggle to stay clear of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so outrageous that they must pay punitive damages to prevent others from following suit.
With the ruling in favor of plaintiffs, it is expected that many of the companies named as defendants will be dismissed. This is because even if they get dismissed, they will still need to incur legal costs to defend a case they didn't deserve to be involved in.
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