"The Ultimate Cheat Sheet On Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has prolonged latency.
Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions are likely to result in a significant number of summary judgment motions based on asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a a large percentage of the total cost of asbestos litigation. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants conduct thorough examine and verify potential experts prior to interviewing them. Failure to do this could result in a failure of the Daubert contest and a loss of cases.
New York has had a long industrial history. Many workers were exposed to asbestos lawyers. Many of these workers have developed asbestos-related illnesses, including mesothelioma and lung cancer. They can seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are common in New York and the judges are familiarized with the issues. The courts, for example speed up trials in cases of seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. The courts also periodically review their discovery process to ensure that they are effective and current.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causation. The defendants appealed the case and a decision is expected in the near future.
The court's ruling is expected to impact asbestos litigation throughout New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to bring asbestos lawsuits, promising massive settlements. The specialized 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 related to the millions of dollars he earned by directing asbestos cases to his firm.
New Yorkers should continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos-related lawsuits are increasing and New York is among the top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyers lawyer can assist you in obtaining the compensation you're due.
Asbestos exposure often leads to serious illnesses, such as mesothelioma and lung cancer. These illnesses are extremely serious and have a long period of latency which means that the victims could only have begun feeling symptoms as recent as 20 or 25 years after the initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of illness. There have been a number of significant changes in the asbestos litigation landscape in recent years. The most significant development 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 were a result of his covert employment at the law firm Weitz & Luxenberg. He utilized this to earn millions in referral fees.
The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have put a huge 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 theory of cumulative exposure that was prevalent in the litigation. Instead it required that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be false or speculative.
In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish a specific causal link between their asbestos-related condition and the specific products they were exposed to. This decision places plaintiffs with the responsibility to prove that their illness was caused by specific friction materials and linings that were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants will need to prove that asbestos caused the disease. The consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires plaintiffs to be able to prove specific exposure to certain products produced by certain defendants in order to be successful.
This is a difficult standard to achieve, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to prove the requirements of causality specific to Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could oblige them to settle their claims for less 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 you have been diagnosed with mesothelioma.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and is responsible for 6% of national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims are contractors or workers who were exposed to asbestos when it was being used in industrial applications.
The symptoms of mesothelioma don't usually evident until 25 to 50 years after exposure. Many asbestos patients are fighting to get the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship, and other damages.
While it is crucial to make a mesothelioma claim promptly however, it is equally important to partner with a seasoned mesothelioma lawyer who can help you pursue the maximum financial restitution possible. Contact a mesothelioma attorney in NYC today to schedule your free, no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could compensate your family's losses. Compensation could cover your medical bills, income loss due to being unable to work and home care expenses, pain and suffering, mental anguish, loss of quality of life, as well as funeral and burial costs. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts have dockets specialized for asbestos cases that streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges handling these cases are trained to ensure justice and are aware of the higher risk of asbestos exposure.
According to a study that was conducted recently, New York City is the nation's hub for asbestos attorney litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.
In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and discourage others from taking part in the same course of action.
The NYCAL decision gives defendants the chance to avoid punitive damage awards. They had the possibility of large judgments in the past with the theory that their conduct had been so bad that they should pay punitive damages 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 dismissed. Even if they are dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be in.