"Ask Me Anything": Ten Answers To Your Questions About Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos attorneys-related serious illness that has long latency times.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in a large number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that place any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can account for an enormous portion of total costs in asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to confront an expert, and experts can charge thousands of dollars per day. Therefore, it is important for litigants to thoroughly research and vet potential experts prior to their appointment. In the absence of this, it could result in a shaky Daubert Challenge or losing cases.
New York has a rich industrial past, and many workers have been exposed to asbestos that is toxic. Many of these workers developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. People who have been affected by these diseases are entitled to compensation from companies who exposed them to asbestos.
Asbestos lawsuits are an everyday occurrence in New York, and judges are well-versed in 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 the cost of trial. The courts also periodically review their discovery procedure to ensure that they are effective and up-to date.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The defendants filed an appeal and a decision is expected in the near future.
The court's decision is likely to have an impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted 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 continue to be alert to asbestos exposure in their work environments and communities. Asbestos lawsuits are on rise, 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 compensation you're due.
Asbestos exposure can lead to serious diseases, such as mesothelioma and lung cancer. These are serious diseases, and they have a long latency time. This means that patients might not be suffering from symptoms until 20 or 25 years following their first exposure. There are steps workers can take to avoid asbestos exposure and a subsequent disease. There have been a number of significant changes in the asbestos litigation scene in recent years. The most significant change occurred in 2015 in which the New York political establishment was shaken to its core by the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have placed a significant burden on defendants, making it almost impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative-exposure theory that was popular in the litigation, and calling for plaintiffs to establish specific causation by proving it through scientific expression by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be fraud or speculative.
In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish a specific causal link between their asbestos-related condition and the specific substances they were exposed to. In this decision plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant rather than general workplace exposure to asbestos lawyers.
Causation
The defendants must prove that asbestos contributed to the disease. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other diseases. However the law requires plaintiffs to 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 litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.
Juni has put a huge burden on defendants in NYCAL and could make them settle their claims for less than they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing a suit and the options for financial compensation if have been diagnosed with mesothelioma.
New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and handles 6% of national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma typically don't manifest until between 25 to 50 after the initial exposure. Many asbestos patients are fighting to receive the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to other damages.
While it is essential to file a mesothelioma lawsuit in a timely manner, it is also crucial to partner with a seasoned mesothelioma lawyer who will help you obtain the maximum financial restitution possible. Call a mesothelioma attorney in NYC to set up a no-cost appointment that is no-obligation. Your attorney can help you determine if you are eligible for financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit may pay your family members for their losses. Compensation can cover medical expenses, lost income from being unable to work and home care expenses, pain and suffering, mental anguish and loss of quality of life and funeral and burial expenses. A seasoned New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After this, your lawyer may start a civil lawsuit in court before the state's time limit expires.
The courts are familiar with asbestos lawsuits and have specialized dockets to help speed up the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. The judges who are handling these cases are trained to ensure justice and are aware of the higher risk of asbestos exposure.
According to a recent study, 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 deadly cancer caused by exposure to dangerous asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
In addition to compensating the 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 awarded in addition to compensatory damages. The lawsuits are meant to discourage the defendant from repeating the same conduct 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 indefensible that they had to pay punitive damages to deter others from committing the same crime.
Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a significant proportion of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be involved in.