"Ask Me Anything:10 Responses To Your Questions About Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long latency is the second most frequent mesothelioma case nationwide in the year 2019.
Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions could result in a large 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 expert witnesses to support their client's claims. Asbestos litigation is expensive, and expert witness fees make up a significant portion of the total costs. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is essential that litigants study and evaluate potential experts in advance. In the absence of doing so, it could result in a failed Daubert contest and a loss of cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos lawsuit-related diseases, such as mesothelioma as well as lung cancer. They can seek 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, the courts speed up trials for sick plaintiffs, and they often consolidate cases to reduce costs for trial. The courts also periodically review their discovery process to ensure that they are effective and up-to-date.
In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs experts were not sufficient to establish the causality in an asbestos case. The defendants appealed the case, and a decision is expected soon.
The court's decision is likely to have a major impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with advertisements urging people to file asbestos lawsuits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he made from directing asbestos cases towards his firm.
New Yorkers must continue to be vigilant at work, and communities about asbestos exposure. Asbestos lawsuits are on the increasing, and New York is among the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you deserve.
Asbestos exposure can lead to serious diseases like mesothelioma or lung cancer. These are serious diseases, and they have a long latency time. This means that victims may not be developing symptoms until 20 or 25 years after their first exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of disease. A number of major changes have taken place in the asbestos litigation scene in recent years. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His rulings have made it difficult for defendants to obtain summary judgment.
In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, rejecting the cumulative exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation by proving it through scientific explanation by their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim they are speculative or fraudulent.
In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and the 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 offered by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos contributed to the disease. The general consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products produced by certain defendants for their claims to be successful.
This is a challenging standard to meet, 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, for instance 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 causation.
Juni has placed a huge burden on defendants and could oblige them to to settle their claims for an amount lower than they are entitled. A mesothelioma attorney in NYC can explain to you the benefits of filing a lawsuit 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 about 6% of the national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in the state. The majority of the victims were contractors or employees who were exposed to asbestos when it was used in industrial applications.
The signs of mesothelioma aren't typically evident until 25 to 50 years after exposure. Many asbestos victims are fighting to get the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.
While it is important to make a mesothelioma claim promptly, it is also crucial to consult with a knowledgeable 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 set up a free, no-obligation consultation. Your lawyer can assist you determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or a similar asbestos-related condition A successful lawsuit could pay for the losses of your family. Compensation could pay for medical expenses, lost income from being unable and home care expenses, pain and suffering, mental anguish and loss of quality of life, as well as funeral and burial costs. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. Your lawyer will then file a civil lawsuit before the statute of limitations runs out in your state.
The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to speed up the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. Additionally the judges who handle these cases are aware of the heightened risk of asbestos exposure and are trained to ensure justice is served.
According to a study that was conducted recently, New York City is the nation's hub for asbestos lawyer litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.
In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants hope that they can avoid punitive damage awards. They had the possibility of huge judgments in the past on the basis that their conduct was so egregious, that they had to pay punitive damage awards to deter other people from following their example.
With the ruling in favor of plaintiffs, it is expected that many of the businesses named as defendants will be disqualified. Even if they were dismissed, they would still have to pay legal fees to defend a case they did not deserve to be involved in.