Why Nobody Cares About Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related disease with a long latency period, is the second most frequent mesothelioma-related case in the United States in the year 2019.

Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions are likely to result in extensive summary judgement motions focusing on the defendant's fiber/cc tests and expert reports placing any exposure that is deemed to be respirable below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos lawyers (investigate this site) rely heavily on expert witness testimony to back their clients their claims. Expert witness fees can account for significant proportion of total costs involved in asbestos litigation. Lawyers for both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. This is why it is essential for litigants to thoroughly 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 a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and cancer of the lung. They can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues that arise. For example, the courts expedite trials for terminally patients, and often consolidate cases to reduce the cost of trial. In addition, courts regularly review their discovery procedures to make sure they are current and efficient.

In one case of note, 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 decision, and the decision is expected to be made soon.

The court's decision is likely to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding daytime television with commercials which encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers must continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are on increasing, and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

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

Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These illnesses are extremely serious and have a long period of latency which means that the victims could start feeling symptoms as recent as 20 or 25 years after the initial exposure. There are steps that workers can take to prevent asbestos exposure and a subsequent illness. In recent years, the asbestos litigation landscape has seen major changes. The most significant change occurred in 2015 when the political establishment was shaken to its foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this shakeup, 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 get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative-exposure theory that was becoming popular in the court case and insisting that plaintiffs prove specific causation through sufficient scientific expression by their experts. This decision provides New York asbestos defense attorneys the ability to defend against allegations of speculative and fraudulent claims.

In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related condition and the specific products they were exposed to. In this decision plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant rather than general workplace exposure to asbestos.

Causation

The most difficult challenge facing asbestos defendants is the need to prove causation. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma and various other diseases, but the law requires plaintiffs to establish the specific exposure to products produced 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 since Parker, New York courts struggle to apply the rules from that case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.

Juni has placed a heavy burden on defendants and may force them to settle their claims for a lower amount than what they are entitled to. A mesothelioma lawyer in NYC can explain the advantages 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 the year 2019. It handled about 6% of the asbestos litigation across the country. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were workers or contractors exposed to asbestos in industrial settings.

The symptoms of mesothelioma don't usually evident until between 25 and 50 years after the initial exposure. Many asbestos victims are fighting to receive the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to damages.

While it is important to file a mesothelioma lawsuit in a timely manner but it is also essential to partner with a seasoned mesothelioma lawyer who can help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to schedule a free, no-obligation consultation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit can help your family recover losses. Compensation could pay for medical bills, lost income from being unable and home care expenses, pain and suffering, mental anguish, loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. After that, your lawyer can file a lawsuit in civil court before the state's statute of limitations runs out.

The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to speed up the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. Additionally, the judges handling these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure justice is done.

According to a study 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 fatal cancer is caused by asbestos fibers. It is a rare, incurable disease, but lawsuits against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

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

However, the NYCAL decision offers defendants an opportunity to win their battle to stay out of punitive damages. Previously, they had been facing the prospect of huge judgments in these cases with the prevailing theory that their conduct was so egregious that they must pay punitive damages to prevent others from committing the same crime.

With the ruling in favor plaintiffs, it is likely that a lot of the companies named as defendants will be dismissed. Even if they were to be dismissed however, they will still need to pay legal fees to defend a case they didn't have a right to be in.