The Three Greatest Moments In Asbestos Litigation History
New York Asbestos 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 are likely to have a profound impact on the defense of asbestos lawsuits. These decisions could result in a significant number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients claim. Expert witness fees can be a a large percentage of the total costs in asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to carefully examine and verify potential experts in advance. Failure to do this can result in a shaky Daubert Challenge and lost cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma or lung cancer. Anyone who has suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are well-versed in the subject. The courts, for example speed up trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. In addition the courts are regularly reviewing their discovery procedures to ensure they are current and efficient.
In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was re-argued by the defendants, and a decision is expected to be issued soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to bring asbestos lawsuits, promising huge settlements. The specialized 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 found guilty of federal corruption charges that relate to the millions of dollars he earned by directing asbestos cases to his firm.
New Yorkers should be vigilant in their workplaces and in their communities regarding asbestos attorney exposure. asbestos lawyers-related lawsuits are on the increase, and the state is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you deserve.
Asbestos exposure can lead to serious illnesses, such as mesothelioma and lung cancer. These diseases are agressive and have a long time of latency which means that patients may be suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and a subsequent illnesses. In recent years the asbestos litigation scene has undergone several major changes. The most significant change came in 2015 when the political establishment was shaken to the core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a 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 amid reports that she provided the "red-carpet treatment" to asbestos lawyers cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it more difficult for defendants to get summary judgement.
In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the cumulative exposure theory that was prevalent in the litigation. Instead, it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim they are false or speculative.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. This decision places plaintiffs with the responsibility to prove that their illness was caused by specific linings and friction materials that were provided by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos attorney contributed to the disease. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma, among other illnesses, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to prevail on their claims.
This is a challenging standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed 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), ruled that an expert's testimony that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to establish the requirement of specific causality under Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options for financial compensation if 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 6% of all national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. The majority of the victims are contractors or workers who were exposed to asbestos because it was used in industrial applications.
The signs of mesothelioma generally do not appear until 25 to 50 years after initial exposure. Many asbestos sufferers are fighting for the compensation they require to pay for medical expenses as well as lost wages, loss of companionship and other losses.
It is crucial to file your mesothelioma lawsuit in a timely manner, but it is also vital to work with an attorney for mesothelioma who can assist you in obtaining the most monetary restitution. Contact a mesothelioma lawyer in NYC today to schedule your free no-obligation consultation. Your attorney can help you determine if you're eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or any other asbestos lawsuit-related illness, a successful lawsuit can compensate your family's losses. Compensation can cover medical expenses, lost income from being unable to work, home care expenses as well as pain and suffering, mental anguish, loss of quality of life and funeral and burial expenses. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. 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 streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. In addition, the judges handling these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is done.
According to a study that was conducted recently, New York City is the national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
In addition to compensating the victims of mesothelioma and the other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. The lawsuits are designed to deter the defendant from repeating the same conduct in the future.
However the NYCAL decision provides defendants with a glimmer of hope in their struggle to stay out of punitive damages. They faced the prospect of huge judgments in the past on the basis that their conduct was so egregious, that they would have to pay punitive damage awards to discourage others from committing the same offense.
With the ruling in favor of plaintiffs, it is expected that many of the businesses that were named as defendants will be dismissed. Even if they were to be dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be involved in.