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 illness with long latency times.

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test as well as expert reports placing any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients their claims. asbestos lawsuit litigation can be extremely expensive and expert witness costs make up a significant portion of total case costs. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants study and evaluate potential experts in advance. In the absence of this, it could 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 illnesses, such as mesothelioma and lung cancer. Anyone who has been affected by these diseases can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common occurrence in New York, and judges are familiar with the issues that arise. For instance, courts speed up trials for ill plaintiffs, and they often consolidate cases to reduce the cost of trial. Additionally 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 causation. The defendants appealed the decision, and a decision is expected in the near future.

The court's decision is expected to have an impact on asbestos litigation throughout New York. Currently, specialized mesothelioma law firms saturate the daytime with ads urging victims to file asbestos lawsuit lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he earned by directing asbestos cases to their firm.

New Yorkers must continue to be vigilant at work, and communities about asbestos exposure. Asbestos lawsuits are on the rise and New York is among 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 diseases such as mesothelioma and lung cancer. These illnesses are extremely serious and have a long time of latency, meaning that victims may only have begun suffering from symptoms as recently as 20 or 25 years after the initial exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of disease. In recent years, the asbestos litigation landscape has seen major changes. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's convictions for corruption stemmed from his secret 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 replaced as the longtime manager of NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to obtain summary judgement.

In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation through sufficient scientific evidence from their experts. This ruling provides 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 support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related condition and the specific substances they were exposed to. In this decision plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant rather than general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing asbestos defendants 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 diseases. However, the law requires plaintiffs prove specific exposure to products produced by certain defendants for their claims to be successful.

This is a tough standard to meet, especially in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causation.

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

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

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

While it is crucial to file a mesothelioma lawsuit in a timely manner however, it is equally important to work with an experienced mesothelioma attorney who can help you obtain the maximum amount of financial compensation that you can. Call a mesothelioma attorney in NYC to set up a free, no-obligation appointment. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit could help your family recover losses. Compensation could cover medical expenses, lost wages due to inability to work, home care expenses, mental anguish and suffering, loss of quality funeral and burial costs, and other costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They accelerate trials for plaintiffs who are terminally ill and also group similar cases together. The judges handling these cases are trained to ensure justice and are aware of the increased risk of asbestos exposure.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating the victims of mesothelioma and other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar behavior in the future.

However the NYCAL decision gives defendants an opportunity to win their struggle to stay out of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so egregious that they must pay punitive damages to prevent others from following their lead.

With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases are likely to be dismissed in a large proportion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case they did not deserve to be in.