10 Apps That Can Help You Control Your Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long period of latency is the second most common mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits (Read A great deal more). These decisions will likely result in a number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any exposure that can be deemed respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Asbestos litigation can be very expensive, and expert witness fees make up a significant portion of total case costs. Lawyers for both sides can spend hundreds of hours prepping to interview an expert, while experts can charge thousands of dollars per day. For this reason, it is important for litigants to thoroughly study and evaluate potential experts prior to hiring 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 many workers have been exposed to asbestos lawyers, which is toxic. Many of these workers have developed asbestos-related diseases, such as mesothelioma or lung cancer. People who have suffered from these ailments are entitled to compensation from companies who exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are familiar with the issues that arise. The courts, for instance, expedite trials for patients who are terminally ill and consolidate cases when necessary to cut down on trial costs. Additionally the courts are regularly reviewing 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 did not prove the causality. The case was appealed by defendants, and a decision is expected soon.
The court's decision is likely to impact asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with ads urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who repaid millions of 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 continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits are on the increase and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These diseases are extremely serious and have a long period of latency. This means that the victims may not be developing symptoms until twenty or 25 years after their first exposure. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and prevent future illness. Several major changes have occurred in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal corruption charges. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amidst reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have placed a significant burden on defendants, making it virtually impossible for them to obtain summary judgment.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This decision provides New York asbestos defense attorneys an effective tool to defend against allegations of fraudulent and speculative claims.
In Reid in Reid 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 illness and the particular products that they were exposed to. In this ruling plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.
Causation
The defendants will need to demonstrate that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing materials causes mesothelioma and other illnesses, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants to prevail on their claims.
This is a tough standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles outlined in the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that plaintiff "regularly" exposed himself to products for friction that contained asbestos lawsuit was not enough to prove specific causality under Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and may oblige 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 suit and your options for financial compensation if have been diagnosed with mesothelioma.
New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles about 6% of the national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.
The signs of mesothelioma aren't usually evident until between 25 and 50 years after the first exposure. Many asbestos victims are fighting to receive the compensation they require to cover medical expenses, lost wages and companionship loss, in addition to other damages.
It is important to file your mesothelioma claim in a timely fashion however, it is important to consult a mesothelioma lawyer who can assist you in seeking the highest amount of financial compensation. Call a mesothelioma attorney in NYC to schedule a free appointment, no-obligation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit may pay your family members for their losses. Compensation can cover medical expenses, lost income from being unable, home care expenses as well as pain and suffering, mental anguish, loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts are well-versed in asbestos lawsuits, and they have dockets that are specifically designed to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. In addition, the judges handling these cases are aware of the heightened risk of asbestos exposure and are trained to ensure justice is served.
According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
In addition to compensating victims of mesothelioma and other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from taking part in a similar course of action.
The NYCAL decision gives defendants hope that they will stay clear of punitive damages. Previously, they had faced the prospect of massive judgments in these cases according to the popular belief that their conduct was so indefensible that they should be forced to pay punitive damages to deter others from following their lead.
Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a significant percentage of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case they didn't have a right to be in.