The Most Innovative Things Happening With Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has prolonged latency.
Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions are likely to result in a large number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.
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 fees account for a significant percentage 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 important for litigants to thoroughly research and vet potential experts in advance. In the absence of this, it could result in a failed Daubert Challenge and lost cases.
New York has a rich industrial history, and many workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos-related illnesses, like mesothelioma or lung cancer. Those who have been affected by these diseases can seek compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a regular event in New York, and judges are familiar with the issues involved. For instance, the courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to lower costs for trial. The courts also periodically review their discovery procedure to ensure that they are efficient and up-to date.
In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by plaintiffs' experts were insufficient to establish the causation in asbestos cases. The case was appealed by defendants, and a decision is expected soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads which encourage asbestos victims to file lawsuits, promising massive 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 convicted on federal corruption charges relating to the millions of dollars he earned from directing asbestos cases to his firm.
New Yorkers should continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on the increasing, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure can lead to serious diseases, including mesothelioma and lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that the victims may not have started suffering from symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to prevent asbestos exposure and a subsequent illness. In recent years the asbestos litigation scene has seen significant changes. The most significant change occurred in 2015 in which the New York political establishment was shaken to its core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He utilized this to earn millions in referral fees.
The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos lawyers claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have placed a significant burden on defendants, making it virtually impossible for them to get summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative-exposure theory that was popular in the litigation, and requiring plaintiffs to prove specific causation through sufficient scientific explanation by their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against allegations that claims are speculative or fraudulent.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. The decision imposes plaintiffs with the obligation to prove that their condition was caused by the specific friction materials and linings which were supplied by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants must demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma and other diseases, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to be successful in their claims.
This is a difficult standard to meet, especially in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of this case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth.
Juni has placed a significant burden on defendants, and could oblige them to to settle their claims for a lower amount than what they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing a lawsuit and your options for financial compensation if have been diagnosed with mesothelioma.
New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It handled about 6% of the national asbestos litigation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos when it was used in industrial processes.
The symptoms of mesothelioma don't typically evident until 25 to 50 years after the initial exposure. Many asbestos sufferers are fighting for the compensation they need to cover medical expenses as well as lost wages, loss of companionship and other damages.
While it is crucial to file a mesothelioma lawsuit in a timely manner however, it is equally important to partner with a seasoned mesothelioma lawyer who will help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer from NYC today to schedule your free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma, or another asbestos-related disease A successful lawsuit can compensate your family for your losses. Compensation can cover medical bills, income loss from being unable to work, home care expenses as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial expenses. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. After that, your lawyer will file a lawsuit in civil court before the state's statute of limitations expires.
The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs and put similar cases together. In addition the judges who decide these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure that justice is done.
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, a deadly cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.
In addition to compensating victims of mesothelioma and the other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future.
However the NYCAL decision offers defendants the chance to have a shot of hope in their struggle to stay clear of punitive damages. Prior to this, they faced the possibility of huge judgments in these cases, with the prevailing theory that their conduct was so egregious that they had to pay punitive damages to prevent others from following suit.
With the decision in favor of plaintiffs, it is likely that many of the companies named as defendants will be reprimanded. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be in.