Why Nobody Cares About 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 disease with a long period of latency is the second most common mesothelioma-related case in the United States in the year 2019.

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in a number of summary judgment motions based on the test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Expert witness fees can account for an enormous portion of total costs involved in asbestos litigation. Lawyers for both sides could spend hours in preparation to question an expert, while experts can charge thousands of dollars per day. This is why it is crucial for litigants to carefully examine and verify potential experts prior to hiring them. Failure to do this can result in a shaky Daubert Challenge and lost cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. Those who have suffered from these conditions can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are aware of the issues that arise. For instance, courts expedite trials for terminally ill plaintiffs, and they often consolidate cases to reduce costs for trial. Additionally the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and effective.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causality in an asbestos case. The case was then appealed by the defendants, and a ruling is expected soon.

The court's decision is expected to have a profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding the daytime TV with ads that encourage asbestos victims to file lawsuits, promising massive 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 that relate to the millions of dollars he earned from directing asbestos cases to his firm.

New Yorkers should continue to be vigilant at work and communities to avoid asbestos attorney exposure. Asbestos lawsuits are on rise and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can help you receive the compensation that you deserve.

Asbestos exposure could lead to serious diseases such as mesothelioma or lung cancer. These diseases are extremely serious, and they have a long latency time. This means that patients may not have started developing symptoms until twenty or 25 years after their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid future illness. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal charges of corruption. Silver's convictions for corruption stemmed from his secret employment 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 up the new Albany landscape. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His decisions have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that had become fashionable in the court case and requiring plaintiffs to prove the causation of their claims with sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against allegations that claims are speculative or fraudulent.

In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. In this ruling plaintiffs must demonstrate that their asbestos attorneys-related condition was caused by specific friction materials or linings supplied by the defendant rather than general exposure to asbestos in the workplace.

Causation

The defendants will have to demonstrate that asbestos caused the disease. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires plaintiffs to prove specific exposure to products produced by certain defendants in order for their claims to be successful.

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 that have passed since Parker, New York courts struggle to apply the principles of the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.

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

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

The signs of mesothelioma aren't usually evident until between 25 and 50 years after exposure. Many asbestos patients are fighting to receive the compensation they deserve for medical expenses loss of wages, companionship loss, in addition to damages.

It is crucial to file your mesothelioma claim in a timely fashion however, it is vital to work with a mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to schedule your free, no-obligation consultation. Your lawyer can help you determine if you're eligible for financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could pay for the losses of your family. Compensation could pay for medical bills, income loss from being unable or take care of your home as well as pain and suffering mental anxiety, loss of quality of life and funeral and burial expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.

The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to streamline the process. They accelerate trials for terminally ill plaintiffs and put similar cases together. Additionally, the judges handling these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is served.

According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare and fatal disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.

These lawsuits seek to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages which are granted in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They had the possibility of huge judgments in the past, in the belief that their conduct had been so egregious, that they should pay punitive damages to discourage others from committing the same offense.

Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases could be dismissed in a large portion of their cases. This is because even if they get dismissed, they will need to incur legal costs to defend a case they did not merit to be involved in.