The Most Pervasive Issues With Asbestos Litigation
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 prolonged latency.
Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions are likely to result in a number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that place any exposure that is deemed to be respirable under an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can make up a a large percentage of the total cost of asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to question an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough research and vet possible experts prior to contacting them. In the absence of doing so, it could result in a failed Daubert contest and a loss of cases.
New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related illnesses, like mesothelioma and lung cancer. These workers can claim compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are an everyday event in New York, and judges are well-versed in the issues involved. The courts, for example, expedite trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. Additionally, courts regularly review their discovery procedures to ensure that they are up-to-date and effective.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish the causality. The case was re-argued by the defendants, and a ruling is expected to be issued soon.
The court's decision is expected to have a significant impact on asbestos lawsuit litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with advertisements urging people to bring asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by directing asbestos cases to their firm.
New Yorkers should be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on increasing and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're due.
Asbestos exposure could lead to serious diseases like mesothelioma and lung cancer. These diseases are agressive and have a long time of latency, meaning that victims may be suffering from symptoms as recently as 20 or 25 years after the initial exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future illnesses. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's convictions for corruption stemmed from his secretly working for the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amidst reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings 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 a harsh dose of reality, renouncing the cumulative exposure theory that had become fashionable in the litigation, and insisting that plaintiffs prove specific causation through sufficient scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are false or speculative.
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. The decision imposes plaintiffs with the obligation to establish that their disease was caused by specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The consensus is that exposure to asbestos lawsuit-containing materials can cause mesothelioma or other diseases. However the law requires plaintiffs to be able to prove specific exposure to certain products manufactured by certain defendants in order for their claims to be successful.
This is a difficult standard to meet, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of this case. In 2016, for instance the First Department in Matter of NYC asbestos lawsuit Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation.
Juni has put a huge burden on defendants in NYCAL and may oblige them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing suit and your options for financial compensation if you 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 asbestos litigation in the nation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims have been workers or contractors who were exposed to asbestos because it was used in industrial processes.
The signs of mesothelioma aren't typically evident until between 25 and 50 years after exposure. Many asbestos patients are battling to obtain the compensation they require to pay for medical expenses and lost wages, as well as loss of companionship and other damages.
While it is essential to file a mesothelioma lawsuit in a timely manner but it is also essential to work with an experienced mesothelioma attorney who can help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your lawyer can help you determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit could help your family recover losses. Compensation can cover medical bills, lost income from being unable and home care expenses as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After this, your lawyer may start a civil lawsuit in court before the statute of limitations runs out.
The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. The judges handling these cases have been instructed to ensure justice and are aware of the higher risks associated with asbestos.
According to a recent study, New York City is the national center for asbestos litigation. asbestos attorneys 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 filed against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits are designed to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are designed to deter the defendant's actions in the future and discourage others from engaging in a similar action.
The NYCAL decision gives defendants hope that they can avoid punitive damages. They faced the prospect of large judgments in the past, in the belief that their conduct had been so bad that they should pay punitive damage awards to discourage others from following their example.
With the decision in favor of plaintiffs, it is expected that a lot of the companies that were named as defendants will be dismissed. 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 involved in.