14 Savvy Ways To Spend Leftover Asbestos Litigation Budget

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 long latency periods.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions could result in a significant number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that put any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation can be extremely 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 dollars per day. For this reason, it is important for litigants to carefully research and vet potential experts prior to their appointment. Failure to do this 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. Many of these workers developed asbestos-related diseases, such as mesothelioma and lung cancer. These workers can claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a regular event in New York, and judges are aware of the issues that arise. For instance, the courts speed up trials for sick plaintiffs, and they often combine cases to cut down on trial expenses. In addition courts frequently review their discovery procedures to ensure they are current and efficient.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The case was appealed by defendants, and a decision is expected to be issued soon.

The court's decision is expected to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads which encourage victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by directing asbestos lawsuit cases to their firm.

New Yorkers must continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on increasing, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can help you receive the compensation that you deserve.

Asbestos exposure often leads to serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive and have a long latency period which means that the victims could be experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to avoid asbestos exposure and the development of a future illnesses. A number of major changes have taken place in the asbestos litigation environment in recent years. The most significant change occurred in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His rulings have made it difficult for defendants to obtain summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that was becoming popular in the litigation, and requiring plaintiffs to prove the causation of their claims with sufficient scientific explanation by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against allegations that claims are false or speculative.

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

Causation

The defendants will need to demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma and various other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants to be successful in their claims.

This is a tough standard to meet, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled 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 was not sufficient under Nemeth to establish a specific causality.

Juni has placed a significant burden on defendants and may make them pay a lower amount than they are entitled. A mesothelioma attorney in NYC will explain the benefits of filing a suit and your options for restitution in the event that you are diagnosed with mesothelioma or any other asbestos-related illnesses.

New York State was the second most popular state for mesothelioma suits in 2019. It handled 6percent of all asbestos litigation in the nation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were contractors or employees exposed to asbestos in industrial applications.

The symptoms of mesothelioma usually do not appear until 25 to 50 after the initial exposure. Many asbestos lawyer victims are now battling to obtain the compensation they need to cover medical costs as well as lost wages, loss of companionship and other losses.

While it is essential to file a mesothelioma lawsuit promptly, it is also crucial to consult with a knowledgeable mesothelioma lawyer who can assist you in obtaining the highest amount of financial restitution that is possible. Call a mesothelioma attorney in NYC to schedule a free appointment that is no-obligation. Your attorney can help determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma, or another asbestos-related disease, a successful lawsuit could pay your family members for their losses. Compensation could cover medical expenses, lost wages due to inability to work, home-care expenses, mental anguish and suffering, loss of quality funeral and burial costs, as well as other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. After that, your lawyer can start a civil lawsuit in court before your state's time limit expires.

The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges handling these cases have been trained to ensure justice and are aware of the increased dangers associated with asbestos.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

In addition to compensating victims of mesothelioma as well as other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The lawsuits are designed to deter the defendant from engaging in similar conduct in the future.

However the NYCAL decision gives defendants a glimmer of hope in their fight to stay clear of punitive damages. They were in danger of huge judgments in the past on the basis that their conduct was so indecent that they would have to pay punitive damage awards to discourage others from committing the same offense.

Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases could be dismissed in a large portion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case they didn't have a right to be involved in.