The 10 Most Terrifying Things 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 a long latency, is the second most common mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motion practice focused on the defendant's fiber/cc test and expert reports putting any exposure that is deemed to be respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can be a a large percentage of the total costs involved in asbestos litigation. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants conduct thorough study and evaluate potential experts prior to contacting them. Failure to do this could result in a failure of the Daubert challenge and lost cases.

New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma and lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are familiarized with the issues. For instance, courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce the cost of trial. In addition courts frequently review their discovery procedures to ensure they are up-to-date and efficient.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causality. The defendants appealed the decision and the decision is expected to be made soon.

The court's decision is likely to have an impact on asbestos litigation throughout 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 proven particularly lucrative for plaintiffs' lawyers, who have paid 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 from directing asbestos cases towards his firm.

New Yorkers must continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the compensation you're entitled to.

Asbestos exposure often leads to serious diseases, such as mesothelioma as well as lung cancer. These diseases are extremely serious, and they have a long period of latency. This means that victims may not have started experiencing symptoms until 20 or 25 years following their first exposure. There are steps workers can take to avoid asbestos exposure and the development of a future illness. There have been a number of significant changes in the asbestos litigation scene in recent years. The most significant change 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 corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos lawyers claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it difficult for defendants to obtain summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative-exposure theory that had become fashionable in the litigation, and insisting that plaintiffs prove the causation of their claims with sufficient scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim to be fraud or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. 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, not general exposure to asbestos in the workplace.

Causation

The defendants will need to demonstrate that asbestos attorney caused the disease. It is generally accepted that exposure to asbestos-containing materials can cause mesothelioma and other diseases, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants to be successful in their claims.

This is a challenging standard to achieve, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles of the 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 attorney 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 at a lower amount than they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as the options for financial restitution if you're diagnosed with mesothelioma, or other asbestos attorney-related diseases.

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. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. The majority of those affected are contractors or workers who were exposed to asbestos when it was employed in industrial applications.

The signs of mesothelioma typically don't manifest until between 25 to 50 years after initial exposure. Many asbestos sufferers are fighting to get the compensation they require to cover medical costs and lost wages, as well as loss of companionship, and other damages.

While it is important to make a mesothelioma claim promptly but it is also essential to partner with a seasoned mesothelioma lawyer who will help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.

Damages

If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could pay for the losses of your family. Compensation could cover your medical expenses, lost income from being unable to work and home care expenses as well as pain and suffering mental anxiety, loss of quality of life and funeral and burial costs. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. After that, your lawyer can file a lawsuit in civil court before the state's time limit expires.

The courts have specialized dockets for asbestos cases that streamline the process. They accelerate trials for plaintiffs with terminal illnesses and group similar cases together. Additionally the judges who decide these cases are aware of the heightened risk of asbestos exposure and are trained to ensure justice is done.

According to a study that was conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

In addition to compensating victims of mesothelioma and other asbestos-related illnesses the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar conduct in the future.

However, the NYCAL decision offers defendants the chance to have a shot of hope in their battle to stay out of punitive damages. In the past, they been facing the prospect of huge 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 committing the same crime.

With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a substantial portion of their cases. Even if they are dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be involved in.