A Look At The Ugly Facts About Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related disease with a long latency, is the second most common mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients claim. Expert witness fees can make up a an enormous portion of total costs involved in asbestos litigation. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. It is crucial that litigants carefully study and evaluate potential experts prior to contacting them. If they don't, it could result in a shaky Daubert Challenge and losing 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 been affected by these diseases are entitled to compensation from companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for instance expedite trials for seriously ill plaintiffs and combine cases when needed to reduce trial costs. The courts also examine their discovery procedures to ensure that they are effective and up-to date.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove the causality. The defendants appealed the case, and a decision is expected soon.

The court's decision is expected to impact asbestos attorney litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with ads urging victims to make asbestos lawsuits and promise giant 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 from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers should remain alert to asbestos exposure at work and in their communities. Asbestos lawsuits have been increasing and New York is among the most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.

Asbestos exposure can lead to serious diseases, such as mesothelioma and cancer of the lung. These diseases are aggressive and have a long latency time. This means that victims might not be experiencing symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. In recent years, the asbestos litigation landscape has seen a number of significant changes. The most significant development came in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made millions of referral fees.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it difficult for defendants to obtain the benefit of a summary judgement.

In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it required that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against claims that claim they are false 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 that there is a causal link between their asbestos-related disease and the particular products that they were exposed to. In this ruling, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant rather than general workplace exposure to asbestos.

Causation

The defendants must prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing materials is a cause of mesothelioma and various other diseases, but the law requires plaintiffs to establish specific exposure to products manufactured by particular defendants to be successful in their claims.

This is a challenging standard to meet, particularly in NYCAL, where a single judge oversees 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 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 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 may oblige them to settle their claims for less than what 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 it handles 6percent of all asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of patients were contractors or employees exposed to asbestos in industrial applications.

Symptoms of mesothelioma are not typically apparent until between 25 and 50 years after the first exposure. Many asbestos sufferers are fighting to get the compensation they require to pay for medical expenses and lost wages, as well as loss of companionship and other damages.

It is crucial to file your mesothelioma lawsuit promptly, but it is also vital to work with a mesothelioma lawyer who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment that is no-obligation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or a similar asbestos attorney-related condition, a successful lawsuit could help your family recover losses. Compensation can cover medical bills, income loss due to being unable to work, home care expenses, pain and suffering, mental anguish and loss of quality of life, and funeral and burial expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are well-versed in asbestos lawsuits and have dockets specifically designed to speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. The judges who are handling these cases have been instructed 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-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to remunerating the victims of mesothelioma and 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. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.

However, the NYCAL decision provides defendants with a glimmer of hope in their struggle to avoid punitive damages awards. Previously, they had faced the prospect of massive judgments in these cases, according to the popular belief that their conduct was so egregious that they should be forced to pay punitive damages to prevent others from committing the same crime.

With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases could be dismissed in a substantial percentage of their cases. This is because even if they're dismissed, they will have to spend money on legal costs to defend a case that they did not merit to be involved in.