How To Beat Your Boss On 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 long latency periods.
Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motions focusing on the defendant's fiber/cc tests and expert reports placing any exposure that is deemed to be respirable below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' 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 in preparation to question an expert. Experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to study and evaluate potential experts in advance. Failure to do this could result in a failure of the Daubert challenge and lost cases.
New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma as well as lung cancer. People who have suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are aware of the issues involved. The courts, for instance speed up trials for patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also review their discovery process to ensure that they are effective and current.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causation. The defendants appealed the case, and the decision is expected to be made soon.
The court's decision is expected to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with commercials urging victims to file asbestos lawsuits, promising massive 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 found guilty of federal corruption charges related to the millions of dollars he earned from directing asbestos lawyer cases towards his firm.
New Yorkers must continue to be aware in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the increasing and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation that you deserve.
Asbestos exposure can lead to serious diseases, including mesothelioma and cancer of the lung. These diseases are extremely serious, and they have a long time to develop. This means that victims may not be suffering from symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to avoid asbestos exposure and future disease. Several major changes have occurred in the asbestos litigation scene in recent years. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His rulings have made it difficult for defendants to get summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it required plaintiffs prove causation with sufficient scientific expression from their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against claims of speculative and fraudulent claims.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. In this ruling plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, not general workplace exposure to asbestos.
Causation
The biggest challenge for defendants in asbestos cases is the need to prove causation. It is generally accepted that exposure to asbestos-containing substances is a cause of mesothelioma and various other illnesses, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to prevail on their claims.
This is a difficult standard to meet, especially in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles of that case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.
Juni has imposed a substantial burden on defendants in NYCAL and may oblige them to settle their claims for less than they are entitled to. An attorney for mesothelioma in NYC will explain the benefits of filing a lawsuit and your options for restitution in the event that you're diagnosed with mesothelioma, or other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and handles 6percent of all asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.
The signs of mesothelioma generally are not evident until the age of 25 to 50 years after initial exposure. Many asbestos victims are fighting to receive the compensation they deserve for medical expenses as well as lost wages and companionship loss, in addition to other damages.
It is crucial to file your mesothelioma lawsuit in a timely fashion however, it is essential to work with a mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a free appointment that is no-obligation. Your attorney can help you determine if you are eligible to receive financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit can pay for the losses of your family. Compensation could cover your medical expenses, lost income from being unable to work or take care of your home, pain and suffering, mental anxiety, loss of quality of life as well as funeral and burial costs. 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 are familiar with asbestos lawsuits and have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs, and group similar cases. The judges handling these cases have been instructed to ensure justice and are aware of the higher risk of asbestos exposure.
According to a study conducted recently, New York City is the nation's hub 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 and incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating victims of mesothelioma and other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and deter others from engaging in a similar course of action.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. In the past, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so indefensible that they must pay punitive damages to prevent others from committing the same crime.
With the ruling in favor plaintiffs, it is expected that a lot of the companies named as defendants will be reprimanded. Even if they were to be dismissed, they would still have to pay legal fees to defend a case they didn't have a right to be in.