"The Ultimate Cheat Sheet On 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 times.
Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test 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 costs represent a significant proportion of the total cost. Lawyers on both sides could spend hours in preparation to question an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough research and vet possible experts in advance. Failure to do this can result in a failed Daubert Challenge and lost cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma as well as lung cancer. People who have suffered from these conditions are entitled to compensation from companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are familiarized with the issues. The courts, for instance, expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce trial costs. The courts also regularly review their discovery procedure to ensure that it is effective and current.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove the causality. The case was appealed by defendants, and a decision is expected to be issued soon.
The court's ruling is expected to have an impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers should continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are increasing and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney (click the following website) can assist you in receiving the compensation you deserve.
Asbestos exposure can lead to serious diseases like mesothelioma or lung cancer. These diseases are aggressive and have a long period of latency which means that patients may start experiencing symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. In recent years the asbestos litigation landscape has seen a number of significant changes. The most significant change came in 2015 in which the New York political establishment was shaken to the foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He made millions of referral fees.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she had given 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 decisions have made it more difficult for defendants to obtain summary judgment.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against allegations that claims are false or speculative.
In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related illness and the particular products that they were exposed to. In this case plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant rather than general workplace exposure to asbestos.
Causation
The defendants must prove that asbestos caused the disease. The general consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However the law requires plaintiffs to prove specific exposure to products made by certain defendants for their claims to be successful.
This is a tough standard to achieve, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from the 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 friction products containing asbestos lawsuit was not sufficient under Nemeth to satisfy specific causality.
Juni has placed a significant burden on defendants in NYCAL and may force them to settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options for financial restitution if you're diagnosed with mesothelioma or any other asbestos-related diseases.
New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of about 6% of the national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of the victims are contractors or workers who were exposed to asbestos when it was being used in industrial processes.
The signs of mesothelioma typically don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are fighting to receive the compensation they need for medical expenses, lost wages and companionship loss, in addition to other damages.
It is crucial to file your mesothelioma lawsuit promptly, but it is also essential to work with an attorney for mesothelioma who can help you seek the most monetary restitution. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your attorney can help you determine if you are eligible to receive financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or any other asbestos-related disease, a successful lawsuit may pay your family members for their losses. Compensation could cover your medical bills, lost income from being unable to work, home care expenses as well as pain and suffering mental anguish, loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. After this, your lawyer may start a civil lawsuit in court before the 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. The judges handling these cases have been trained to ensure justice and are aware of the increasing risk of asbestos exposure.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
In addition to remunerating the victims of mesothelioma and the other asbestos-related illnesses 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. They are designed to deter the defendant's conduct in the future and discourage others from engaging in a similar action.
The NYCAL decision gives defendants the chance to avoid punitive damages. Previously, they had faced the possibility of huge judgments in these cases, with the prevailing theory that their conduct was so egregious that they must pay punitive damages in order to discourage others from following suit.
With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a large percentage of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case that they didn't have a right to be involved in.