The Reason You Shouldn t Think About Enhancing Your 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 long latency periods.

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuit lawsuits. These decisions will likely result in a large number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any exposure that can be deemed respirable below 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 is expensive, and expert witness fees account for a significant percentage of the total costs. Lawyers on both sides could spend a lot of time in preparation to question an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough research and vet possible experts prior to contacting them. Failure to do so can 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 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 lawsuits are an everyday occurrence in New York, and judges are aware of the issues involved. For instance, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to reduce costs for trial. The courts also periodically review their discovery process to ensure that it is effective and current.

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 the causation in asbestos cases. The defendants appealed the case, and the decision is expected to be made soon.

The court's decision is expected to impact asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising giant 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.

New Yorkers should continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the rise and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can help you receive the amount of compensation you are due.

Asbestos exposure can lead to serious illnesses like mesothelioma and lung cancer. These are serious diseases and have a long latency time. This means that patients may not have started developing 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 illness. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant development came in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his 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 political machinations of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it difficult for defendants to obtain summary judgement.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that was becoming popular in the litigation and insisting that plaintiffs prove specific causation by proving it through scientific expression by their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim to be speculative or fraudulent.

In Reid in Reid 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-related condition and the particular products that they were exposed to. This decision places plaintiffs with the obligation to establish that their disease was caused by specific friction materials and linings that were provided by the defendant, and not general exposure to asbestos in the workplace.

Causation

The most significant challenge facing asbestos defendants is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma, among other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants to be successful in their claims.

This is a difficult 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 the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and could oblige them to to settle their claims for less than what they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees who were exposed to asbestos as it was used in industrial processes.

The symptoms of mesothelioma usually do not appear until 25 to 50 years after initial exposure. Many asbestos victims are fighting to receive the compensation they need to cover medical expenses as well as lost wages and companionship loss, among other damages.

While it is important to make a mesothelioma claim promptly but it is also essential to partner with a seasoned mesothelioma lawyer who can help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your attorney can discuss your rights to financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit can compensate your family's losses. Compensation may cover medical bills as well as lost wages due to 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 file a lawsuit in civil court before the statute of limitations runs out.

The courts are familiar with asbestos lawsuits and have dockets specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs, and group similar cases. The judges who are handling these cases have been trained to ensure justice and are aware of the higher dangers associated with asbestos.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. asbestos lawsuit victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

These lawsuits aim to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants the chance to avoid punitive damages. In the past, they been facing the prospect of huge judgments in these cases according to the popular belief that their conduct was so outrageous that they must pay punitive damages in order to discourage others from following suit.

With the decision in favor of plaintiffs, it is expected that many of the businesses that were named as defendants will be reprimanded. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case they didn't deserve to be involved in.