What Is The Heck Is Asbestos Litigation
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 long latency periods.
Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports placing any respirable exposure below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can account for an enormous portion of total cost of asbestos litigation. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. This is why it is essential for litigants to carefully study and evaluate potential experts in advance. In the absence of doing so, it could result in a sham Daubert challenge or losing cases.
New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos lawsuit. Many of these workers developed asbestos-related diseases, including mesothelioma or lung cancer. People who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are familiar with the issues involved. For instance, courts expedite trials for terminally sick plaintiffs, and they often consolidate cases to reduce costs for trial. In addition the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and efficient.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causation. The defendants filed an appeal, and the decision is expected to be made soon.
The court's decision is likely to have an impact on asbestos litigation across New York. Currently, specialized mesothelioma law firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he made by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers should continue to be vigilant about possible asbestos exposure in their work environments and communities. Asbestos-related lawsuits are on the increase, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in receiving the compensation you deserve.
Asbestos exposure could lead to serious diseases such as mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency. This means that patients may not be suffering from symptoms until twenty or 25 years after their first exposure. There are steps workers can take to prevent asbestos exposure and the development of a future illness. In recent years, the asbestos litigation landscape has seen a number of major changes. The most significant change came in 2015 in which the New York political establishment was shaken to the core by the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.
The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. 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 charge of NYCAL. His rulings have placed a significant burden on defendants, making it almost impossible for them to get summary judgment.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that was popular in the litigation, and insisting that plaintiffs prove specific causation by proving it through scientific expression by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be fraud or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related disease and the specific substances they were exposed to. In this ruling plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.
Causation
The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. It is generally accepted that a person's exposure to asbestos-containing substances is a cause of mesothelioma and other diseases, however, the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to prevail on their claims.
This is a difficult standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos lawyer litigation. In the 16 years since 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) decided the testimony of an expert that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to satisfy specific causality under Nemeth.
Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a suit and your options for financial restitution if you are diagnosed with mesothelioma, or other asbestos-related diseases.
New York State was the second most popular state for mesothelioma suits in 2019. It handled about 6% of the asbestos litigation in the nation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. The majority of the victims are contractors or workers who were exposed to asbestos when it was used in industrial applications.
Symptoms of mesothelioma are not typically evident until between 25 and 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they require for medical expenses loss of wages, companionship loss, among other damages.
While it is essential to start a mesothelioma lawsuit promptly however, it is equally important to work with an experienced mesothelioma lawyer who will assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your lawyer can help you determine if you are eligible to receive financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit could help your family recover losses. Compensation may cover medical bills as well as lost wages due to inability to work, home-care expenses, mental stress and suffering loss of quality, funeral and burial costs, as well as other expenses. An experienced New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.
The courts are familiar with asbestos lawsuits, and they have specialized dockets to help simplify the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. Judges who handle these cases have been instructed to ensure justice and are aware of the increasing risk of asbestos exposure.
According to a recent study, New York City is a national hub for asbestos lawsuit litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
These lawsuits are designed to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar conduct in the future.
However the NYCAL decision provides defendants with an opportunity to win their fight to avoid punitive damages awards. In the past, they faced the prospect of massive judgments in these cases, according to the popular belief that their conduct was so indefensible that they must pay punitive damages in order to discourage others from following their lead.
Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases could be dismissed in a substantial proportion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be involved in.