Asbestos Litigation: The Good The Bad And The Ugly
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long latency, is the second most prevalent mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based upon the asbestos lawsuit defendant's tests for fiber/cc as well as expert reports that put any exposure that is deemed to be respirable under an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys (click through the next site) rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be extremely expensive, and expert witness fees represent a significant proportion of the total costs. Lawyers for both sides can spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to thoroughly examine and verify potential experts prior to their appointment. If they don't, 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 have suffered asbestos-related illnesses, such as mesothelioma and cancer of the lung. Anyone who has suffered from these conditions can recover compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a regular event in New York, and judges are aware of the issues involved. For instance, courts speed up trials for sick plaintiffs, and they often consolidate cases to reduce the cost of trial. The courts also regularly review their discovery process to ensure that they are effective and up-to date.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove the causality. The defendants filed an appeal, and a decision is expected soon.
The court's decision is likely to have a profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads that encourage victims to file asbestos lawsuits, promising massive 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 that relate to the millions of dollars he earned from directing asbestos cases to his firm.
New Yorkers should continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the increase, 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 can lead to serious diseases like mesothelioma and lung cancer. These diseases are aggressive and have a long latency period which means that patients may only have begun feeling symptoms as recent as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future disease. A number of major changes have taken place in the asbestos litigation environment in recent years. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made millions of referral fees.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 following reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the aftermath of this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His rulings have made it more difficult for defendants to get the benefit of a summary judgement.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead, it demanded that plaintiffs establish a specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim they are fraud or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related disease and the specific substances they were exposed to. In this decision plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos caused the disease. There is a consensus that exposure to asbestos-containing materials can cause mesothelioma or other illnesses. However, the law requires plaintiffs prove specific exposure to products made by certain defendants for their claims to be successful.
This is a tough standard to meet, especially in NYCAL where a single judge oversees all NYC asbestos attorney litigation. In the 16 years since Parker, New York courts struggle to apply the rules from the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causation.
Juni has imposed a substantial burden on defendants in NYCAL and could force them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a lawsuit 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 the year 2019. It handled 6% of all asbestos litigation in the nation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. The majority of victims were contractors or workers exposed to asbestos in industrial settings.
The signs of mesothelioma aren't usually evident until between 25 and 50 years after the initial exposure. Many asbestos sufferers are battling to obtain the compensation they require to cover medical expenses as well as lost wages, loss of companionship, and other damages.
While it is important to start a mesothelioma lawsuit promptly, it is also crucial to partner with a seasoned mesothelioma attorney who can assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma lawyer in NYC to schedule a free appointment, no-obligation. Your attorney can discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma, or another asbestos-related illness, a successful lawsuit could provide your family with compensation for their losses. Compensation may cover medical bills and lost wages resulting from inability to work, home-care expenses, mental anguish and suffering loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After that, your lawyer can start a civil lawsuit in court before the state's statute of limitations runs out.
The courts are familiar with asbestos lawsuits, and they have dockets that are specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. In addition the judges who decide these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is served.
According to a study conducted recently, New York City is the national center for asbestos lawsuit litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating victims of mesothelioma and other asbestos-related illnesses the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The lawsuits are designed to deter the defendant from repeating the same conduct in the future.
However the NYCAL decision offers defendants an opportunity to win their fight to avoid punitive damages awards. They faced the prospect of huge judgments in the past, with the theory that their conduct was so indecent that they should pay damages for punitive harm to discourage others from following their example.
With the ruling in favor plaintiffs, it is likely that many of the businesses that were named as defendants will be reprimanded. Even if they were dismissed however, they will still need to pay legal fees to defend a case that they didn't deserve to be in.