What NOT To Do When It Comes To The Asbestos Litigation Industry
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 prolonged latency.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions will likely 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 in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can make up a a large percentage of the total costs in asbestos litigation. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is important for litigants to thoroughly research and vet potential experts prior to their appointment. In the absence of doing so, it could result in a failed 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 have suffered asbestos-related illnesses, such as mesothelioma and lung cancer. Anyone who has suffered from these conditions can recover compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are an everyday in New York, and judges are aware of the issues that arise. For instance, courts expedite trials for terminally patients, and often consolidate cases to lower trial expenses. In addition courts frequently review their discovery procedures to ensure that they are up-to-date and efficient.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causality. The defendants filed an appeal and a decision is expected in the near future.
The court's decision is expected to have a major impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms saturate the daytime with advertisements urging people to file asbestos lawsuits, promising massive settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he made by directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers need to remain alert to asbestos lawyer exposure in their workplaces and 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 attorney can help you receive the compensation that you deserve.
asbestos lawsuit exposure could lead to serious diseases such as mesothelioma or lung cancer. These diseases are aggressive and have a long time of latency, meaning that victims may be suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and future disease. There have been a number of significant changes in the asbestos lawsuit litigation environment in recent years. 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 of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His rulings have placed a significant burden on defendants, making it nearly impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by denying the theory of cumulative exposure that was popular in the litigation. Instead it demanded plaintiffs prove causation using sufficient scientific proof from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim they are fraud or speculative.
In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. The decision imposes plaintiffs with the obligation to prove that their illness was caused by the 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 defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma and other diseases, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants to prevail on their claims.
This is a challenging standard to meet, especially in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.
Juni has placed a significant burden on defendants and may force them to settle their claims for an amount lower than what they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit and the options for restitution in the event that you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019, and it handles 6percent of all asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of those affected were contractors or employees who were exposed to asbestos when it was being employed in industrial applications.
The signs of mesothelioma typically do not appear until 25 to 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses as well as lost wages and companionship loss, among other damages.
While it is crucial to make a mesothelioma claim in a timely manner but it is also essential to work with an experienced mesothelioma lawyer who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma attorney from NYC to set up a free appointment, no-obligation. Your lawyer can help you determine if you are qualified to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or a similar asbestos-related condition A successful lawsuit could pay for the losses of your family. Compensation could cover medical expenses as well as lost wages due to inability to work, home care expenses, mental stress and pain, loss of quality funeral and burial costs, and other expenses. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. After this, your lawyer may file a lawsuit in civil court before your state's statute of limitations runs out.
The courts have specialized dockets for asbestos cases to streamline the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the increasing dangers associated with asbestos.
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 fatal cancer is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits seek 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. They are intended to deter the defendant's actions in the future and discourage others from participating in a similar course of action.
The NYCAL decision gives defendants the chance to avoid punitive damage awards. They had the possibility of large judgments in the past in the belief that their conduct was so indecent that they would have to pay damages for punitive harm to deter other people from committing the same offense.
With the ruling in favor plaintiffs, it is expected that a lot of the companies named as defendants will be disqualified. This is because even if they get dismissed, they'll have to spend money on legal costs to defend a case that they did not deserve to be involved in.