"Ask Me Anything:10 Responses 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 a serious asbestos-related illness with long latency times.
Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure under the threshold of exposure to ambient air.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be very expensive and expert witness costs 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. This is why it is essential for litigants to thoroughly research and vet potential experts prior to hiring them. Failure to do this could result in a sham Daubert contest and a loss of cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, like mesothelioma and lung cancer. People who have been affected by these diseases can recover compensation from the companies that exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are familiarized with the issues. For example, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to lower trial expenses. Additionally, courts regularly review their discovery procedures to ensure that they are current and efficient.
In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by plaintiffs' experts were insufficient to establish the causality in an asbestos case. The defendants appealed the case, and a decision is expected soon.
The court's decision is likely to impact asbestos litigation throughout New York. Mesothelioma lawyers have been bombarding the daytime TV with ads which encourage asbestos victims to file suits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases towards his firm.
In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can assist you in receiving the compensation that you deserve.
Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are extremely serious, and they have a long latency time. This means that the victims might not be developing symptoms until twenty or 25 years after their initial exposure. There are ways for workers to protect themselves against asbestos lawsuit exposure and prevent future illnesses. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant change came in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions have made it more difficult for defendants to get the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative-exposure theory that was popular in the litigation, and requiring plaintiffs to prove the causation of their claims with sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be fraud or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos lawyers defense lawyers support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related condition and the specific products they were exposed to. This decision imposes plaintiffs with the obligation to prove that their illness was caused by specific linings and friction materials that were provided 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 exposure to asbestos-containing substances is a cause of mesothelioma and other diseases, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants in order to prevail on their claims.
This is a challenging standard to meet, 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 been unable to apply the principles outlined in the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth.
Juni has placed a significant burden on defendants and may force them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as your options for financial restitution if you're diagnosed with mesothelioma, or other asbestos lawyers-related illnesses.
New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It handled about 6% of the national asbestos litigation. It is estimated that around 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 symptoms of mesothelioma usually don't manifest until between 25 to 50 years after the initial exposure. Many asbestos victims are now battling to obtain the compensation they need to cover medical expenses, lost wages, loss of companionship and other damages.
While it is important to make a mesothelioma claim in a timely manner but it is also essential to consult with a knowledgeable mesothelioma lawyer who will assist you in obtaining the highest financial restitution possible. Contact a mesothelioma lawyer in NYC to set up a free appointment, no-obligation. Your attorney can help you determine if you are eligible to receive financial compensation from an asbestos trust.
Damages
If you have mesothelioma, or another asbestos lawyers-related disease, a successful lawsuit could compensate your family's losses. Compensation could pay for medical bills, lost income due to being unable to work and home care expenses as well as pain and suffering mental anxiety and loss of quality of life, as well as funeral and burial costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. After that, your lawyer can start a civil lawsuit in court before your state's statute of limitations expires.
The courts have dockets specialized for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Judges who handle these cases have been trained to ensure justice and are aware of the higher risks associated with asbestos.
According to a recent study, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.
In addition to remunerating the victims of mesothelioma and the other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future, and discourage others from taking part in a similar course of action.
However, the NYCAL decision offers defendants an opportunity to win their struggle to stay out of punitive damages. Previously, they had faced the possibility of huge judgments in these cases, with the prevailing theory that their conduct was so egregious that they had to pay punitive damages in order to discourage others from committing the same crime.
With the decision in favor of plaintiffs, it is likely that many of the companies that were named as defendants will be disqualified. Even if they were dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be in.