5 Laws Everybody In Asbestos Litigation Should Be Aware Of

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with a long latency period, is the second most prevalent mesothelioma patient in the country in 2019.

Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports putting any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be extremely expensive and expert witness fees represent a significant proportion of the total costs. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. This is why it is crucial for litigants to examine and verify potential experts prior to hiring them. In the absence of doing so, it could result in a sham Daubert challenge or losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma and lung cancer. They can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are common in New York and the judges are well-versed in the subject. The courts, for example speed up trials for patients who are terminally ill and consolidate cases when needed to reduce the cost of trial. The courts also review their discovery procedure to ensure that they are effective and current.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by plaintiffs experts were not sufficient to establish the causality in an asbestos case. The case was re-argued by the defendants, and a ruling is expected in the near future.

The court's decision is expected to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that encourage asbestos victims to file suits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges related to the millions of dollars he earned from directing asbestos cases towards his firm.

New Yorkers must continue to be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the rise and New York is among the top jurisdictions in mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're entitled to.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are extremely serious, and they have a long latency time. This means that victims may not have started suffering from symptoms until 20 or 25 years following their initial exposure. There are steps workers can take to prevent asbestos exposure and future illnesses. In recent years the asbestos litigation landscape has seen significant changes. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it difficult for defendants to obtain the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead it required that plaintiffs establish specific causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be speculative or fraudulent.

In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. In this decision plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant, rather than general workplace exposure to asbestos.

Causation

The defendants will need to prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos-containing substances is a cause of mesothelioma and other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants to prevail on their claims.

This is a tough standard to achieve, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing a lawsuit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of the victims were contractors or employees who were exposed to asbestos when it was being used in industrial applications.

The symptoms of mesothelioma don't usually evident until 25 to 50 years after exposure. Many asbestos patients are fighting to get the compensation they require to cover medical costs, lost wages, loss of companionship, and other damages.

It is crucial to file your mesothelioma lawsuit in a timely manner, but it is also essential to work with a mesothelioma lawyer who can assist you in seeking the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a no-cost appointment that is no-obligation. Your lawyer can help determine if you're eligible to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or a similar asbestos-related condition, a successful lawsuit could help your family recover losses. Compensation could pay for medical bills, lost income from being unable to work or take care of your home as well as pain and suffering, mental anxiety, loss of quality of life and funeral and burial expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. After this, your lawyer may start a civil lawsuit in court before the state's statute of limitations expires.

The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases together. Judges who handle these cases are trained to ensure justice and are aware of the increasing dangers associated with asbestos.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have led to compensation for victims.

In addition to remunerating the victims of mesothelioma and the other asbestos lawsuit-related illnesses These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants hope that they will avoid punitive damage awards. They were in danger of massive judgments in the past, on the basis that their conduct had been so bad that they had to pay punitive damages to discourage others from committing the same offense.

With the decision in favor of plaintiffs, it is expected that many of the businesses named as defendants will be reprimanded. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be involved in.