15 Of The Top Asbestos Litigation Bloggers You Should Follow
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 will have a significant impact on the defense of asbestos attorney lawsuits. These decisions are likely to result in a large number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients claim. Asbestos litigation can be extremely expensive and expert witness costs account for a significant percentage of the total cost. Lawyers for both sides can spend a lot of time in preparation to question an expert, while experts can charge thousands of dollars per day. For this reason, it is essential for litigants to examine and verify potential experts prior to their appointment. In the absence of doing so, it could result in a failed Daubert challenge or losing cases.
New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have suffered asbestos-related illnesses, including mesothelioma and cancer of the lung. People who have been affected by these diseases are entitled to compensation from companies who exposed them to asbestos.
Asbestos lawsuits are a regular occurrence in New York, and judges are aware of the issues that arise. The courts, for example expedite trials for seriously ill plaintiffs and combine cases when necessary to cut down on trial costs. The courts also periodically examine their discovery procedures to ensure that they are effective and up-to-date.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causality. The case was appealed by defendants, and a ruling is expected in the near future.
The court's decision is likely to impact asbestos litigation across New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he earned by directing asbestos cases to his firm.
New Yorkers should be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits are on rise and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the compensation you're entitled to.
Asbestos exposure can cause serious diseases like 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 developing symptoms until twenty or 25 years after their first exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos attorneys exposure and prevent future illness. In recent years the asbestos litigation landscape has seen significant changes. The most significant change occurred in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His decisions have made it difficult for defendants to get summary judgment.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead it demanded that plaintiffs establish a specific causation using sufficient scientific proof from their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against claims of fraudulent and speculative claims.
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 lawsuit-related diseases and products to which they were exposed. 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 will need to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing materials can cause mesothelioma, among other diseases, however, the law requires plaintiffs to establish the specific exposure to products produced by particular defendants in order to be successful in their claims.
This is a challenging standard to achieve, particularly in NYCAL where a single judge oversees 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) decided that an expert's testimony that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to establish the requirements of causality specific to Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and may oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.
New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It was the sole handler of 6percent of all national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. The majority of victims were workers or contractors exposed to asbestos in industrial settings.
Symptoms of mesothelioma are not usually evident until 25 to 50 years after exposure. Many asbestos victims are now fighting for the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship, and other damages.
While it is important to start a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma lawyer who will assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC to schedule a free appointment that is no-obligation. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit can compensate your family's losses. Compensation could cover your medical expenses, lost income from being unable to work, home care expenses as well as pain and suffering mental anxiety, loss of quality of life, and funeral and burial expenses. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. After that, your lawyer will file a lawsuit in civil court before the state's statute of limitations runs out.
The courts have specialized dockets for asbestos cases in order to speed up the process. They speed up trials for terminally ill plaintiffs and put similar cases together. The judges who are handling these cases have been instructed to ensure justice and are aware of the higher risks associated with asbestos.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
These lawsuits aim to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damage awards in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar behavior in the future.
However, the NYCAL decision provides defendants with an opportunity to win their fight to avoid punitive damages awards. They had the possibility of large judgments in the past, on the basis that their conduct was so egregious, that they had to pay punitive damage awards to discourage others from committing the same offense.
With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a significant portion of their cases. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case they didn't have a right to be in.