Why People Don t Care About 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 a long latency is the second most frequent mesothelioma case nationwide in 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in a number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under 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. Expert witness fees can account for significant proportion of total costs involved in asbestos litigation. Lawyers for both sides can spend a lot of time in preparation to confront an expert, and experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to thoroughly research and vet potential experts in advance. Failure to do so can result in a failed Daubert challenge and lost cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos attorney-related diseases, including mesothelioma and lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are well-versed in the issues that arise. For instance, courts expedite trials for terminally sick plaintiffs, and they often consolidate cases to reduce the cost of trial. The courts also review their discovery procedure to ensure that they are efficient and up-to date.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causality. The case was then appealed by defendants, and a decision is expected soon.
The court's decision is likely to impact asbestos litigation throughout New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers must remain vigilant about possible asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the rise, and the state is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're entitled to.
Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These illnesses are extremely serious and have a long time of latency which means that the victims could only have begun suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps workers can take to prevent asbestos exposure and the development of a future illness. A number of major changes have taken place in the asbestos litigation scene in recent years. The most significant change occurred in 2015, when New York's political establishment was shaken to the foundation following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos attorneys (what do you think) a strong argument against claims that claim they are false or speculative.
In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. The decision imposes on plaintiffs the obligation to prove that their condition was caused by specific friction materials and linings that were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The defendants will have to demonstrate that asbestos lawsuit caused the disease. The consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However the law requires that plaintiffs prove specific exposure to products manufactured by certain defendants to be successful.
This is a challenging standard to meet, especially in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that 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 containing asbestos was not enough to satisfy the requirement of specific causality under Nemeth.
Juni has placed a huge burden on defendants and could force them to settle their claims for a lower amount than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing a suit and your options for restitution in the event that you're diagnosed with mesothelioma, or other asbestos-related diseases.
New York state was the second most popular state for mesothelioma lawsuits in the year 2019, and it handles about 6% of the national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma in the state. The majority of those affected have been workers or contractors who were exposed to asbestos when it was being employed in industrial applications.
The signs of mesothelioma generally do not appear until 25 to 50 after the initial exposure. Many asbestos patients are battling to obtain the compensation they require to cover medical expenses, lost wages, loss of companionship and other losses.
It is crucial to file your mesothelioma claim in a timely fashion, but it is also vital to work with an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to set up a free, no-obligation consultation. Your attorney can discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation could pay for medical bills, lost income from being unable or take care of your home, pain and suffering, mental anxiety, loss of quality of life, and funeral and burial expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. After that, your lawyer will file a lawsuit in civil court before your state's time limit expires.
The courts are familiar with asbestos lawsuits and have dockets that are specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and group similar cases. The judges who are handling these cases are trained to ensure justice and are aware of the increasing risk of asbestos exposure.
According to a recent study, New York City is the nation's hub for asbestos lawyers litigation. Asbestos victims have received 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 type of cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits are designed to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. In the past, 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 in order to discourage others from committing the same crime.
Now, with the ruling in favor of plaintiffs, companies named as defendants in NYCAL cases could be dismissed in a significant proportion of their cases. This is because, even if they are dismissed, they'll need to incur legal costs to defend a case they did not deserve to be involved in.