10 Quick Tips About Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long latency period, is the second most prevalent mesothelioma-related case in the United States in the year 2019.

Recent NYCAL decisions will have a significant 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 test and expert reports putting any exposure that is deemed to be respirable below the threshold of exposure to ambient air.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Expert witness fees can be a an enormous portion of total costs involved in asbestos litigation. Lawyers on both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. This is why it is essential for litigants to examine and verify potential experts prior to their appointment. In the absence of this, it could result in a failed Daubert Challenge and lost cases.

New York has a rich industrial history, and many workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, such as mesothelioma as well as lung cancer. Anyone who has been affected by these diseases can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday in New York, and judges are well-versed in the issues that arise. The courts, for instance expedite trials for terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. The courts also periodically examine their discovery procedures to ensure that it is effective and current.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causation. The case was then appealed by the defendants, and a decision is expected to be issued soon.

The court's decision is likely to have a major impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with advertisements urging people to bring asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he made by the asbestos cases he directed to their firm.

New Yorkers should be vigilant in their workplaces and in their communities regarding asbestos exposure. 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're due.

Asbestos exposure can lead to serious diseases such as mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could start feeling symptoms as recent as 20 or 25 years after their first exposure. There are steps workers can take to prevent asbestos exposure and the development of a future disease. Several major changes have occurred in the asbestos litigation scene in recent years. The most significant development came in 2015, when New York's political establishment was shaken to the core following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. 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 head of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 following reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken charge of NYCAL. His decisions have placed a heavy burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality by denying the cumulative exposure theory that was prevalent in the litigation. Instead it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a strong argument against claims that claim they are 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 the existence of a specific causal connection between their asbestos-related condition and the specific products they were exposed to. In this decision plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However, the law requires plaintiffs be able to prove specific exposure to certain products produced by certain defendants in order to be considered valid.

This is a challenging standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles of the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's testimony that plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to satisfy the requirements of causality specific to Nemeth.

Juni has put a huge 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 to you the benefits of filing a lawsuit and your options to receive 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. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't usually evident until 25 to 50 years after the first exposure. Many asbestos victims are now battling to obtain the compensation they require to pay for medical expenses, lost wages, loss of companionship and other losses.

It is important to file your mesothelioma claim in a timely manner however, it is important to consult an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your lawyer can help you determine if you are eligible to receive financial compensation from an asbestos trust.

Damages

If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could 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 as well as pain and suffering, mental anguish and loss of quality of life, and funeral and burial expenses. An experienced New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer will then file a civil lawsuit before the statute of limitations runs out in your state.

The courts have specialized dockets for asbestos cases that streamline the process. They accelerate trials for plaintiffs with terminal illnesses and also group similar cases together. The judges who are 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 have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have led to compensation for victims.

In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar conduct in the future.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. They were in danger of huge judgments in the past, with the theory that their conduct was so egregious, that they had to pay punitive damage awards to deter other people from following suit.

With the ruling in favor plaintiffs, it is expected that many of the businesses that were named as defendants will be reprimanded. This is because even if they're dismissed, they will have to spend money on legal costs to defend a case that they did not merit to be involved in.