20 Myths About Asbestos Litigation: Dispelled

New York asbestos lawsuit 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 profound effect on the defense of asbestos suits. These decisions are likely to result in a large number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that put any exposure that can be deemed respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be extremely expensive and expert witness costs represent a significant proportion of the total cost. Lawyers for both sides could spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants examine and verify potential experts in advance. Failure to do this can result in a shaky Daubert Challenge and losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and cancer of the lung. They may seek compensation from the businesses who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. For instance, courts speed up trials for sick plaintiffs, and they often consolidate cases to lower costs for trial. In addition courts frequently review their discovery procedures to ensure they are current and efficient.

In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient 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 impact asbestos litigation across New York. Mesothelioma lawyers have been bombarding daytime television with commercials which urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have paid 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 lawsuit cases to his 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-related lawsuits are on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you deserve.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are agressive and have a long period of latency which means that patients may only have begun experiencing symptoms as recently as 20 or 25 years after the initial exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and prevent future illness. In recent years, the Asbestos lawyers litigation landscape has seen significant changes. The most significant change occurred in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. 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 new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked 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 following shake-up. His decisions have made it difficult for defendants to obtain summary judgement.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that was popular in the court case and calling for plaintiffs to establish specific causation through sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are false or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in 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. This decision places plaintiffs with the responsibility to prove that their condition was caused by specific linings and friction materials which were supplied by the defendant, and not general exposure to asbestos in the workplace.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However the law requires that plaintiffs prove specific exposure to products manufactured by certain defendants in order for their claims to be successful.

This is a difficult standard to achieve, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles of the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a huge burden on defendants and may oblige them to pay a lower amount than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and handles 6% of national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of victims were contractors or workers exposed to asbestos in industrial settings.

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

It is important to file your mesothelioma suit promptly however, it is vital to work with a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney can discuss your rights to financial compensation from an asbestos attorney trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos-related illness A successful lawsuit can provide your family with compensation for their losses. Compensation may cover medical bills and lost wages resulting from inability to work, home care expenses, mental anguish and suffering, loss of quality, funeral and burial costs, and other expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. After this, your lawyer may bring a lawsuit in civil court before the state's statute of limitations expires.

The courts have specialized dockets for asbestos cases that streamline the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. Additionally the judges who decide these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure justice is done.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.

In addition to compensating the victims of mesothelioma and other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are designed to deter the defendant from engaging in similar conduct in the future.

However the NYCAL decision gives defendants an opportunity to win their fight to stay out of punitive damages. They had the possibility of huge judgments in the past, with the theory that their conduct had been so bad that they should pay damages for punitive harm to discourage others from following suit.

Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases can expect to be dismissed in a large portion of their cases. This is because, even if they are dismissed, they'll be required to pay legal fees to defend a case they did not deserve to be involved in.