20 Myths About Asbestos Litigation: Debunked
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 will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focused on the defendant's fiber/cc test and expert reports putting any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Expert witness fees can account for significant proportion of total cost of asbestos litigation. Lawyers for both sides can spend a lot of time in preparation to confront an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough 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 had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma and lung cancer. People who have suffered from these conditions can seek compensation from the companies that exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are familiarized with the issues. For instance, the courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce costs for trial. In addition the courts are regularly reviewing their discovery procedures to ensure they are current and efficient.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish causation. The defendants filed an appeal and a decision is expected in the near future.
The court's decision is likely to have a significant impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms pepper daytime TV with advertisements urging people to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers should remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits are on the increasing and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you deserve.
Asbestos exposure is often the cause of serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive and have a long period of latency which means that the victims could only have begun feeling symptoms as recent as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future illnesses. There have been a number of significant changes in the asbestos lawsuit litigation landscape in recent years. The most significant change came in 2015 in which the New York political establishment was shaken to its foundation following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He made millions of referral fees.
The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amidst reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have placed a heavy burden on defendants, making it virtually impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded that plaintiffs establish a specific causation using sufficient scientific proof from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim to be false or speculative.
In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related condition and the specific products they were exposed to. This decision places on plaintiffs the obligation to prove that their condition 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 asbestos-containing materials causes mesothelioma and various other diseases, but the law requires plaintiffs to establish the specific exposure to products produced by specific defendants in order to be successful in 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 Parker, New York courts have been unable to apply the principles outlined in this case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.
Juni has placed a huge burden on defendants, and could make them pay a lower amount than what they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit as well as your options for restitution financial if you're diagnosed with mesothelioma or any other asbestos-related diseases.
New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled 6percent of all asbestos litigation across the country. Around 13,000 people have been diagnosed with the disease in New York. The majority of patients were contractors or employees exposed to asbestos in industrial applications.
The symptoms of mesothelioma don't typically evident until between 25 and 50 years after the first exposure. Many asbestos victims are now battling to obtain the compensation they require to cover medical expenses and lost wages, as well as loss of companionship and other losses.
It is important to file your mesothelioma lawsuit promptly however, it is vital to work with a mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to schedule a free no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or any other asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation could cover medical expenses, lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, and other costs. A seasoned New York mesothelioma attorney will look into the parties at fault and gather evidence to back your claims. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts have dockets specialized for asbestos cases that streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. In addition, the judges handling these cases are aware of the higher risk of asbestos attorney 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 received billions in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have resulted in compensation for victims.
In addition to compensating the victims of mesothelioma and other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants hope that they will stay clear of punitive damages. In the past, they faced the possibility of huge judgments in these cases with the prevailing theory that their conduct was so egregious that they should be forced to pay punitive damages in order to discourage others from committing the same crime.
With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases could be dismissed in a large proportion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case that they did not deserve to be in.