Why No One 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 illness with a long latency, is the second most common mesothelioma case nationwide in 2019.

Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawyers lawsuits. These decisions could result in a number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that put any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation can be extremely expensive and expert witness fees make up a significant portion of the total cost. Lawyers for both sides could spend hundreds of hours in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough research and vet possible experts in advance. If they don't, it could result in a failure of the Daubert Challenge and lost cases.

New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma as well as lung cancer. They may seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday occurrence in New York, and judges are well-versed in the issues that arise. For instance, the courts speed up trials for ill plaintiffs, and they often consolidate cases to reduce costs for trial. In addition courts frequently review their discovery procedures to ensure that they are up-to-date and effective.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causality. The defendants appealed the decision and a decision is expected in the near future.

The court's decision is likely to have a major impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation has proven 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 from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must continue to be vigilant about possible asbestos exposure at work and in their communities. 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 assist you in receiving the compensation that you deserve.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These are serious diseases, and they have a long period of latency. This means that the victims may not have started suffering from symptoms until 20 or 25 years following their first exposure. There are steps that workers can take to reduce the risk of asbestos exposure and a subsequent disease. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant change came in 2015, when New York's political establishment was shaken to its core following the conviction on federal corruption charges brought against 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 new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative-exposure theory that was becoming popular in the litigation and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against claims that claim to be false or speculative.

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

Causation

The defendants must demonstrate that asbestos caused the disease. The general consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products made by certain defendants in order for their claims to be successful.

This is a difficult standard to meet, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a significant burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as the options for restitution financial if you are diagnosed with mesothelioma, or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and handles about 6% of the national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

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

While it is essential to start a mesothelioma lawsuit in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma lawyer who can help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.

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 may cover medical bills and lost wages resulting from inability to work, home care expenses, mental stress and suffering loss of quality, funeral and burial costs, and other expenses. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. After that, your lawyer can bring a lawsuit in civil court before the time limit expires.

The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to speed up the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. Judges who handle these cases are trained to ensure justice and are aware of the increasing risks associated with asbestos.

According to a study that was conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

In addition to remunerating the victims of mesothelioma and other asbestos-related illnesses, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. Previously, they had faced the prospect of massive judgments in these cases according to the prevalent view that their conduct was so outrageous that they had to pay punitive damages to prevent others from following suit.

With the ruling in favor of plaintiffs, it is likely that many of the companies named as defendants will be dismissed. Even if they were dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be in.