The 3 Most Significant Disasters In Asbestos Litigation History
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency periods.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions could result in a significant number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an exposure threshold in the ambient.
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 costs in asbestos litigation. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants carefully research and vet possible experts prior to contacting them. In the absence of this, it could result in a shaky Daubert Challenge or losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, including mesothelioma and lung cancer. Anyone who has suffered from these conditions can recover compensation from the companies that exposed them to asbestos.
asbestos lawsuits [visit website] are a common event in New York, and judges are aware of the issues involved. The courts, for instance speed up trials in cases of seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. The courts also examine their discovery procedures to ensure that they are effective and up-to-date.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient to establish the causation in asbestos cases. The defendants filed an appeal, 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. 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 paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on 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 aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are on the rise and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you deserve.
Asbestos exposure could lead to serious diseases such as mesothelioma and lung cancer. These diseases are aggressive and have a long time to develop. This means that patients may not have started experiencing symptoms until 20 or 25 years following their initial exposure. There are steps workers can take to avoid asbestos exposure and the development of a future illnesses. In recent years the asbestos litigation scene has seen a number of major changes. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. 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 shattered by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have put a huge burden on defendants, making it virtually impossible for them to get 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 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 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 also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related disease and the specific substances they were exposed to. In this case plaintiffs must 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 biggest challenge for asbestos defendants is the need to prove causation. It is generally accepted that exposure to asbestos-containing substances causes mesothelioma, among other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to prevail on their claims.
This is a challenging standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years that have passed 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) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.
Juni has placed a huge burden on defendants and could oblige them to pay an amount lower than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit as well as the options for financial restitution if you're diagnosed with mesothelioma or any other asbestos-related illnesses.
New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were workers or contractors exposed to asbestos 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 for the compensation they need to cover medical costs as well as lost wages, loss of companionship and other losses.
It is important to file your mesothelioma suit in a timely manner, but it is also vital to work with an attorney for mesothelioma who can assist you in obtaining the maximum financial restitution. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit could pay for the losses of your family. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental anguish and suffering, loss of quality, funeral and burial costs, and other expenses. An experienced New York asbestos lawyer will look into the responsible parties to collect evidence and support your claim. Your lawyer will then bring a civil suit before the statute of limitations expires in your state.
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 also group similar cases. In addition the judges who handle these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is done.
According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
These lawsuits seek to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.
However the NYCAL decision offers defendants a glimmer of hope in their battle to stay clear of punitive damages. Prior to this, they 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, firms named as defendants in NYCAL cases could be dismissed in a large portion of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be involved in.