"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 a long latency, is the second most frequent mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to 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 exposure that is deemed to be respirable under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation can be very expensive and expert witness fees represent a significant proportion of the total costs. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. This is why it is crucial for litigants to study and evaluate potential experts in advance. In the absence of doing so, it could result in a failure of the Daubert contest and a loss of cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related diseases, such as mesothelioma and lung cancer. They may claim compensation from the 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 speed up trials for patients who are terminally ill and consolidate cases when necessary to cut down on trial costs. The courts also review their discovery procedure to ensure that it is effective and up-to-date.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements by plaintiffs experts were not sufficient to establish the causation in asbestos lawsuit cases. The defendants appealed the case and the decision is expected to be made 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 ads urging victims to file asbestos lawyers 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 relating to the millions of dollars he made from directing asbestos cases towards his firm.
New Yorkers should continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on the 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 due.
Asbestos exposure could lead to serious diseases like mesothelioma or lung cancer. These are serious diseases, and they have a long time to develop. This means that patients might not be suffering from symptoms until 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid future disease. In recent years the asbestos litigation scene has seen a number of significant changes. The most significant development came in 2015, when New York's political establishment was shaken to its foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases brought 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 get summary judgement.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative-exposure theory that was becoming popular in the litigation, and insisting that plaintiffs prove the causation of their claims with sufficient scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are speculative or fraudulent.
In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos lawsuit-related disease and the particular products that they were exposed to. In this ruling, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma, among other diseases, but the law requires plaintiffs to prove the specific exposure to products produced by specific defendants in order to prevail on their claims.
This is a challenging standard to achieve, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles of that 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 that contained asbestos was not enough to prove the requirements of causality specific to Nemeth.
Juni has placed a heavy burden on defendants and may oblige them to to settle their claims for less than what they are entitled to. A mesothelioma attorney in 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 6% of all asbestos litigation across the country. Around 13,000 people have been diagnosed with the disease in New York. The majority of victims were workers or contractors exposed to asbestos in industrial settings.
Symptoms of mesothelioma are not typically evident until between 25 and 50 years after exposure. Many asbestos victims are now fighting for the compensation they need to cover medical costs and lost wages, as well as loss of companionship, and other damages.
While it is essential to make a mesothelioma claim in a timely manner however, it is equally important to partner with a seasoned mesothelioma attorney who can help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney from NYC to set up a no-cost, no-obligation appointment. Your lawyer can help you determine if you're qualified for financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit could pay for the losses of your family. Compensation could cover medical expenses and lost wages resulting from inability to work, home care expenses, mental stress and suffering, loss of quality, funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts have dockets specialized for asbestos cases in order to speed up the process. They speed up trials for plaintiffs who are terminally ill and also group similar cases together. In addition, the judges handling these cases are aware of the heightened risks associated with asbestos exposure and are trained to ensure that justice is done.
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, a deadly cancer is caused by asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.
These lawsuits seek to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages which are given in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future.
The NYCAL decision gives defendants hope that they will avoid punitive damage awards. In the past, they been facing the prospect of huge judgments in these cases, with the prevailing theory that their conduct was so outrageous that they must pay punitive damages to deter others from following suit.
With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases can expect to be dismissed in a large portion of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case that they did not deserve to be in.