It s The Ugly Truth About Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has prolonged latency.
Recent NYCAL decisions will have a profound impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test and expert reports that place any respirable exposure under the threshold of exposure to ambient air.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Expert witness fees can be a a large percentage of the total costs involved in asbestos litigation. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. For this reason, it is essential for litigants to thoroughly research and vet potential experts prior to their appointment. Failure to do this could result in a failure of the Daubert challenge or losing cases.
New York has a rich industrial history, and many workers have been exposed to asbestos that is toxic. Many of these workers have suffered asbestos attorney-related diseases, such as mesothelioma as well as lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are an everyday event in New York, and judges are aware of the issues involved. The courts, for example speed up trials in cases of seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. In addition, courts regularly review their discovery procedures to ensure that they are up-to-date and effective.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causation. The defendants filed an appeal and the decision is expected to be made soon.
The court's decision is expected to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms pepper daytime TV with commercials urging victims to file asbestos lawsuits, promising giant 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 towards his firm.
In addition to these legal developments, New Yorkers need to remain alert to asbestos exposure in their work environments and communities. Asbestos lawsuits are increasing 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 settlement you're entitled to.
Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that the victims might not be suffering from symptoms until 20 or 25 years after the initial exposure. There are steps that workers can take to prevent asbestos exposure and future illnesses. There have been a number of significant changes in the asbestos litigation scene in recent years. The most significant change occurred in 2015, when New York's political establishment was shaken to the foundation following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken charge of NYCAL. His decisions have made it more difficult for defendants to get summary judgement.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the theory of cumulative exposure that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against allegations that claims are fraud or speculative.
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 disease and the particular products that they were exposed to. In this case plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered 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 a person's exposure to asbestos-containing substances can cause mesothelioma and other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants in order to prevail on their claims.
This is a tough standard to achieve, particularly in NYCAL, where a single judge is responsible for the entire 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, for example the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.
Juni has placed a significant burden on defendants and could force them settle their claims at less than what they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit as well as the options for restitution financial 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 the year 2019. It handled 6percent of all national asbestos lawsuit litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were workers or contractors exposed to asbestos in industrial settings.
The signs of mesothelioma generally do not appear until 25 to 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they need for medical expenses loss of wages, companionship loss, among other damages.
It is essential to file your mesothelioma suit in a timely fashion, but it is also important to consult mesothelioma lawyers who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer in NYC to set up a free appointment, no-obligation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit can help your family recover losses. Compensation can cover medical bills, income loss 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 expenses. An experienced New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. Your lawyer can then start a civil lawsuit before the statute of limitations expires in your state.
The courts have specialized dockets for asbestos cases in order to speed up the process. They speed up trials for plaintiffs who are terminally ill and group similar cases together. The judges who are handling these cases are trained to ensure justice and are aware of the increasing risks associated with asbestos.
According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
These lawsuits are designed to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The lawsuits are designed to deter the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants the chance to avoid punitive damages. Previously, they had faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so indefensible that they should be forced to pay punitive damages to deter others from following their lead.
With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a significant proportion of their cases. This is because even if they're dismissed, they'll need to incur legal fees to defend a case that they didn't deserve to be involved in.