10 Situations When You ll Need To Learn About Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related disease with a long period of latency is the second most prevalent mesothelioma-related case in the United States in the year 2019.

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in a large number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that place any exposure that can be deemed respirable below an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can account for a large percentage of the total costs involved in asbestos litigation. Lawyers on both sides could spend hundreds of hours in preparation to confront an expert, while experts can charge thousands of dollars per day. This is why it is important for litigants to research and vet potential experts prior to hiring them. In the absence of doing so, it could result in a failure of the Daubert challenge or losing cases.

New York has a rich industrial past, and many workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. Those who have been affected by these diseases are entitled to compensation from companies that exposed them to asbestos.

Asbestos suits are common in New York and the judges are familiarized with the issues. The courts, for instance speed up trials in cases of terminally ill plaintiffs and consolidate cases when necessary to cut down on trial costs. 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 plaintiffs experts were not sufficient to establish causation in an asbestos case. The defendants appealed the case, and the decision is expected to be made soon.

The court's decision is likely to have a profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers need to continue to be alert to asbestos exposure at work and in their communities. Asbestos lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the compensation you're entitled to.

Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are extremely serious and have a long period of latency. This means that the victims might not be experiencing symptoms until twenty or 25 years after their initial exposure. There are steps workers can take to avoid asbestos exposure and future disease. A number of major changes have taken place in the asbestos litigation scene in recent years. The most significant development came in 2015, when New York's political establishment was shaken to its core following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His rulings have placed a significant burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are fraud or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related condition and the particular products that they were exposed to. In this ruling 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 most significant challenge facing asbestos defendants is the need to prove that there is a causal link. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma, among other diseases, however, the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order to be successful in their claims.

This is a difficult standard to meet, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules from that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to establish specific causality under Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. 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 attorneys in industrial applications.

The signs of mesothelioma generally do not appear until 25 to 50 after the initial exposure. Many asbestos patients are fighting to receive the compensation they deserve for medical expenses, lost wages and companionship loss, among other damages.

It is important to file your mesothelioma claim in a timely manner, but it is also vital to work with mesothelioma lawyers who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to schedule a free appointment, no-obligation. Your lawyer can assist you determine if you're qualified for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or any other asbestos-related illness A successful lawsuit can pay your family members for their losses. Compensation could pay for medical expenses, lost income from being unable to work and home care expenses as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial costs. An experienced New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. After this, your lawyer may bring a lawsuit in civil court before your state's statute of limitations runs out.

The courts have dockets specialized for asbestos cases that streamline the process. They speed up 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 increasing dangers associated with asbestos.

According to a research study conducted recently, New York City is the national hub for asbestos litigation. Asbestos victims have claimed 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 filed against companies who exposed workers to asbestos fibers have helped compensate victims.

In addition to remunerating the victims of mesothelioma as well as other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants hope that they will avoid punitive damage awards. They had the possibility of massive judgments in the past with the theory that their conduct was so bad that they should pay punitive damage awards to discourage others from committing the same offense.

With the ruling in favor plaintiffs, it is likely that a lot of the companies named as defendants will be disqualified. This is because, even if they are dismissed, they will still have to spend money on legal costs to defend a case they did not deserve to be involved in.