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 lawyer-related disease that is serious and has prolonged latency.
Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions are likely to 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 respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Expert witness fees can make up a a large percentage of the total cost of asbestos litigation. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. Therefore, it is essential for litigants to carefully study and evaluate potential experts prior to hiring them. In the absence of this, it could result in a failed Daubert Challenge and lost cases.
New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma and lung cancer. Anyone who has suffered from these conditions can recover compensation from the companies who exposed them to asbestos lawsuit.
Asbestos lawsuits are a regular event in New York, and judges are aware of the issues involved. The courts, for instance speed up trials for terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. In addition the courts are regularly reviewing their discovery procedures to make sure they are current and efficient.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causality. The defendants filed an appeal, 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. The mesothelioma lawyers are bombarding the daytime TV with ads that encourage asbestos victims to file lawsuits, promising huge 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 made from directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure often leads to serious illnesses, such as mesothelioma and cancer of the lung. These diseases are agressive and have a long period of latency which means that the victims could only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to avoid asbestos exposure and a subsequent illness. In recent years, the asbestos litigation landscape has undergone several significant changes. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction for 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 courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have made it difficult for defendants to obtain 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 court case and insisting that plaintiffs prove the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are speculative or fraudulent.
In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related condition and the particular products that they were exposed to. This decision places on plaintiffs the obligation to prove that their illness was caused by the specific linings and friction materials that were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The most difficult challenge facing asbestos defendants is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing materials can trigger mesothelioma and other illnesses. However, the law requires plaintiffs demonstrate specific exposure to the products made by certain defendants in order for their claims to be successful.
This is a tough standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles of that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causality.
Juni has put a huge burden on defendants in NYCAL and may oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.
New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It handled about 6% of the national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. The majority of the victims were contractors or employees who were exposed to asbestos because it was employed in industrial applications.
Symptoms of mesothelioma are not typically apparent until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they require to cover medical expenses loss of wages, companionship loss, in addition to damages.
While it is important to file a mesothelioma lawsuit in a timely manner however, it is equally important to partner with a seasoned mesothelioma lawyer who will help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or another asbestos-related disease, a successful lawsuit can pay for the losses of your family. Compensation could cover medical expenses as well as lost wages due to inability to work, home-care expenses, mental anguish and pain loss of quality funeral and burial costs, and other expenses. An experienced New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. After that, your lawyer can bring a lawsuit in civil court before the statute of limitations expires.
The courts are familiar with asbestos lawsuits, and they have dockets that are specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases. Additionally, the judges handling these cases are aware of the heightened risk of asbestos exposure and are trained to ensure that justice is done.
According to a recent study, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar conduct in the future.
However the NYCAL decision offers defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. They were in danger of large judgments in the past, on the basis that their conduct was so indecent that they had to pay punitive damages to discourage others from committing the same offense.
With the decision in favor of plaintiffs, companies that are named as defendants in NYCAL cases can expect to be dismissed in a large portion of their cases. Even if they are dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be in.