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 very serious asbestos-related disease with a long latency period is the second most frequent mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation is expensive and expert witness fees account for a significant percentage of the total cost. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. This is why it is crucial for litigants to carefully research and vet potential experts in advance. In the absence of doing so, it could result in a sham Daubert challenge and lost cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. They may claim compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are aware of the issues involved. For instance, the courts expedite trials for terminally sick plaintiffs, and they often consolidate cases to reduce costs for trial. The courts also regularly review their discovery process to ensure that they are effective and up-to date.

In a case that is notable, 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 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 pepper daytime TV with ads urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys 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 earned from directing asbestos cases to his firm.

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

Summary Judgment

A New York asbestos attorney can assist you in obtaining the compensation you deserve.

asbestos lawsuit exposure often leads to serious illnesses, such as mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long time of latency, meaning that victims may start feeling symptoms as recent as 20 or 25 years after the initial exposure. There are steps that workers can take to reduce the risk of asbestos exposure and future illnesses. Several major changes have occurred in the asbestos litigation scene in recent years. The most significant development came in 2015 in which the New York political establishment was shaken to the 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 in referral fees.

The new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have made it difficult for defendants to get summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative exposure theory that had become fashionable in the litigation and calling for plaintiffs to establish the causation of their claims with sufficient scientific expression by their experts. This decision provides New York asbestos defense attorneys an effective tool to defend against claims of speculative and fraudulent claims.

In Reid in Reid Abex, the Court of Appeals also gave asbestos lawsuit defense attorneys a boost in 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. This decision imposes plaintiffs with the responsibility to establish that their disease was caused by the specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants will need to prove that asbestos contributed to the disease. The consensus is that exposure to asbestos-containing substances can cause mesothelioma or other diseases. However, the law requires plaintiffs be able to prove specific exposure to certain products made by certain defendants for their claims to be considered valid.

This is a difficult standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.

Juni has placed a heavy burden on defendants, and could oblige them to to settle their claims for an amount lower than they are entitled. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit as well as your options for financial restitution if you're diagnosed with mesothelioma or any other asbestos-related diseases.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled 6percent of all national asbestos litigation. It is estimated that as many as 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 used in industrial processes.

The signs of mesothelioma generally don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are fighting for the compensation they need to cover medical expenses as well as lost wages and companionship loss, in addition to damages.

It is crucial to file your mesothelioma claim in a timely manner, but it is also essential to work with an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment, no-obligation. Your attorney can discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease 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 pain loss of quality funeral and burial costs, and other expenses. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. After this, your lawyer may bring a lawsuit in civil court before your state's statute of limitations expires.

The courts are well-versed in asbestos lawsuits and have dockets specifically designed to streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases. The judges handling these cases have been trained to ensure justice and are aware of the increased dangers associated with asbestos.

According to a study conducted recently, New York City is a national 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 type of cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.

These lawsuits aim to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from taking part in a similar action.

The NYCAL decision gives defendants hope that they can avoid punitive damages. Prior to this, they been facing the prospect of huge judgments in these cases with the prevailing theory that their conduct was so egregious that they had to pay punitive damages in order to discourage others from committing the same crime.

Now, with the ruling in favor of plaintiffs, companies named as defendants in NYCAL cases can expect to be dismissed in a significant portion of their cases. This is because even if they're dismissed, they will still need to incur legal fees to defend a case they did not merit to be involved in.