The Three Greatest Moments 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 disease that is serious and has long latency periods.
Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focused on the defendant's fiber/cc test and expert reports placing any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys (pattern-wiki.win) rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can account for an enormous portion of total cost of asbestos litigation. Lawyers on both sides could spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to thoroughly research and vet potential experts in advance. Failure to do so can result in a failed Daubert contest and a loss of cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. They may seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are an everyday in New York, and judges are well-versed in the issues that arise. For instance, the courts speed up trials for ill plaintiffs, and they often consolidate cases to reduce the cost of trial. The courts also regularly review their discovery procedure to ensure that it is effective and up-to-date.
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 causation. The case was then appealed by defendants, and a ruling 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 currently bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially 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 the asbestos cases he directed to their firm.
In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are increasing and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you deserve.
Asbestos exposure could lead to serious diseases such as mesothelioma and lung cancer. These diseases are agressive and have a long time of latency which means that patients may only have begun suffering from symptoms as recently as 20 or 25 years after the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid future disease. In recent years the asbestos litigation landscape has seen a number of major changes. The most significant change occurred in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions have made it more difficult for defendants to obtain the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative-exposure theory that was popular in the court case and requiring plaintiffs to prove the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be false or speculative.
In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish a specific causal link between their asbestos-related disease and the specific substances they were exposed to. This decision places plaintiffs with the responsibility to establish that their disease was caused by specific friction materials and linings which were supplied by the defendant, not general exposure to asbestos in the workplace.
Causation
The most significant challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma, among other diseases, but the law requires plaintiffs to prove specific exposure to products manufactured by specific defendants in order to be successful in their claims.
This is a difficult standard to meet, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules from that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to establish specific causality under Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and could make them settle their claims for less than they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit as well as your options for restitution financial if you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and is responsible for 6% of national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial settings.
The signs of mesothelioma typically are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos patients are fighting to receive the compensation they deserve for medical expenses, lost wages and companionship loss, among other damages.
It is crucial to file your mesothelioma lawsuit in a timely fashion however, it is vital to work with a mesothelioma lawyer who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to schedule a free no-obligation consultation. Your lawyer can assist you determine if you're eligible for financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or another asbestos-related disease, a successful lawsuit can pay for the losses of your family. Compensation could cover your medical bills, income loss from being unable to work and home care expenses as well as pain and suffering, mental anxiety and loss of quality of life, and funeral and burial costs. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to support your claims. After this, your lawyer may bring a lawsuit in civil court before your state's statute of limitations runs out.
The courts are well-versed in asbestos lawsuits, and they have dockets that are specifically designed to simplify the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. Additionally the judges who handle these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure justice is done.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
In addition to compensating victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants hope that they will avoid punitive damages. In the past, they faced the prospect of massive judgments in these cases, according to the prevalent view that their conduct was so egregious that they should be forced to pay punitive damages to deter others from committing the same crime.
With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases could be dismissed in a significant portion of their cases. This is because even if they get dismissed, they will be required to pay legal fees to defend a case that they did not merit to be involved in.