20 Trailblazers Lead The Way In 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 a long latency is the second most common mesothelioma case nationwide in 2019.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test as well as expert reports putting any respirable exposure 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 significant proportion of total costs involved in asbestos litigation. Both sides can devote hundreds of hours preparing to confront an expert. Experts can charge thousands of dollar per day. Therefore, it is essential that litigants carefully examine and verify potential experts prior to interviewing them. If they don't, it could result in a shaky Daubert Challenge and lost cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma and lung cancer. Those who have suffered from these ailments are entitled to compensation from companies who 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 sick plaintiffs, and they often consolidate cases to reduce trial expenses. The courts also periodically examine their discovery procedures to ensure that it is effective and up-to-date.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was appealed by defendants, and a decision is expected in the near future.
The court's ruling is expected to impact asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding daytime television with commercials that encourage victims to file asbestos lawsuits, promising massive settlements. The niche litigation has proven 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 relating to the millions of dollars he earned from directing asbestos cases to his firm.
New Yorkers must continue to be aware in their workplaces and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the increase, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you're entitled to.
Asbestos exposure can lead to serious illnesses, such as mesothelioma as well as lung cancer. These illnesses are extremely serious and have a long period of latency, meaning that victims may start suffering from symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to prevent asbestos exposure and a subsequent disease. In recent years, the asbestos lawyers litigation landscape has undergone several major changes. The most significant change came in 2015 in which the New York political establishment was shaken to its core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working 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 has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos claims filed 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 almost impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative-exposure theory that had become fashionable in the court case and calling for plaintiffs to establish specific causation by proving it through scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against claims that claim to be fraud or speculative.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related disease and the particular products that they were exposed to. In this decision plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant, rather than general workplace exposure to asbestos.
Causation
The most significant challenge facing asbestos lawyers defendants is the need to prove causation. The general consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However the law requires that plaintiffs be able to prove specific exposure to certain products produced by certain defendants for their claims to be successful.
This is a tough standard to meet, especially in NYCAL where one judge is in charge of 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, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to establish the requirement of specific causality under Nemeth.
Juni has placed a heavy burden on defendants and may force them to settle their claims for a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a suit and the options for financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular state for mesothelioma lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial settings.
The signs of mesothelioma aren't typically evident until between 25 and 50 years after the first exposure. Many asbestos victims are fighting to get the compensation they need for medical expenses loss of wages, companionship loss, in addition to other damages.
While it is crucial to make a mesothelioma claim promptly but it is also essential to consult with a knowledgeable mesothelioma lawyer who can help you pursue 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 determine if you're eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or another asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation may cover medical bills, lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality, funeral and burial costs, as well as other expenses. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and prove your claim. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.
The courts have dockets that are specially designed for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. Additionally, the judges handling these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is done.
According to a study conducted recently, New York City is the national center for asbestos litigation. asbestos lawyers victims have claimed 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 disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
These lawsuits seek to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and deter others from engaging in the same course of action.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. Previously, they had been facing the prospect of huge judgments in these cases, according to the prevalent view that their conduct was so egregious that they must pay punitive damages to prevent others from following suit.
With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a large portion of their cases. This is because, even if they are dismissed, they'll be required to pay legal costs to defend a case that they did not merit to be involved in.