The 10 Most Scariest Things 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 prevalent mesothelioma-related case in the United States in the year 2019.

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

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Expert witness fees can make up a a large percentage of the total cost of asbestos litigation. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants research and vet possible experts in advance. If they don't, it could result in a failure of the Daubert Challenge and losing cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma or lung cancer. Those who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are familiarized with the issues. For instance, the courts expedite trials for terminally patients, and often consolidate cases to lower trial expenses. The courts also periodically review their discovery process to ensure that they are efficient and current.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The defendants appealed the case, and a decision is expected in the near future.

The court's decision is likely to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads which encourage victims to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he made by sending asbestos cases to their firm.

New Yorkers should be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits are on the increase and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawsuit lawyer can help you obtain the compensation you deserve.

Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These diseases are agressive and have a long time of latency, meaning that victims may be experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to reduce the risk of asbestos exposure and a subsequent illness. A number of major changes have taken place in the asbestos litigation scene in recent years. The most significant change occurred in 2015, when New York's political establishment was shaken to its core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady 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 impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have placed a heavy burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are false or speculative.

In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. In this decision plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma and various other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to prevail on their claims.

This is a tough standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth.

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

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of 6% of all asbestos litigation across the country. Up to 13,000 people have been diagnosed with the disease in New York. Most of the victims have been workers or contractors who were exposed to asbestos when it was employed in industrial applications.

The signs of mesothelioma typically are not evident until the age of 25 to 50 years after initial exposure. Many asbestos patients are fighting to get the compensation they require for medical expenses loss of wages, companionship loss, in addition to other damages.

It is essential to file your mesothelioma lawsuit in a timely fashion however, it is vital to work with an attorney for mesothelioma who can assist you in seeking the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to set up a free, no-obligation consultation. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or another asbestos-related disease A successful lawsuit can compensate your family for your losses. Compensation could cover medical expenses as well as lost wages due to inability to work, home-care expenses, mental anguish and pain, loss of quality funeral and burial costs, as well as other expenses. An experienced New York asbestos lawyer (go directly to Zenwriting) will examine the parties responsible to gather 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 familiar with asbestos lawsuits and have specialized dockets to help simplify the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the increased risk of asbestos attorney exposure.

According to a research study conducted recently, New York City is the national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.

In addition to remunerating the victims of mesothelioma and the other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards that are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from participating in a similar course of action.

The NYCAL decision gives defendants hope that they will stay clear of punitive damages. They had the possibility of massive judgments in the past, on the basis that their conduct was so egregious, that they would have to pay damages for punitive harm to deter other people from committing the same offense.

Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases can expect to be dismissed in a significant proportion of their cases. This is because even if they're dismissed, they will still be required to pay legal costs to defend a case that they didn't deserve to be involved in.