How To Outsmart Your Boss On 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 likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focusing on the defendant's fiber/cc test as well as expert reports placing any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation can be extremely expensive and expert witness costs represent a significant proportion of the total cost. Lawyers for both sides can spend hours in preparation to question an expert, while experts can charge thousands of dollars per day. This is why it is important for litigants to thoroughly examine and verify potential experts in advance. In the absence of doing so, it could result in a sham Daubert challenge and lost cases.

New York has a rich industrial past, and many workers have been exposed to toxic asbestos lawyers. Many of these workers have developed asbestos-related diseases, including mesothelioma or lung cancer. People who have suffered from these conditions can seek compensation from the companies that exposed them to asbestos.

Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for example expedite trials in cases of seriously ill plaintiffs and combine cases when necessary to cut down on the cost of trial. Additionally, courts regularly review their discovery procedures to make sure they are up-to-date and efficient.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove the causality. The defendants filed an appeal, and a decision is expected soon.

The court's decision is expected to impact asbestos litigation across New York. At present, mesothelioma lawyer firms saturate the daytime with commercials urging victims to bring asbestos lawsuits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have repaid 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 made from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to remain alert to asbestos exposure in their work environments 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 lawyer can assist you in obtaining the settlement you're due.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are agressive and have a long latency period which means that patients may be feeling symptoms as recent as 20 or 25 years after the initial exposure. There are steps workers can take to avoid asbestos exposure and a subsequent illnesses. In recent years, the asbestos litigation landscape has undergone several major changes. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's corruption convictions stemmed from his secret moonlighting at 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. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she provided 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 rulings have made it more difficult for defendants to obtain summary judgement.

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling provides New York asbestos attorneys a strong argument against allegations that claims are fraud or speculative.

In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal link between asbestos lawyers-related illnesses and the products to which they were exposed. 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 lawsuit in the workplace.

Causation

The most significant challenge facing asbestos defendants is the need to prove that there is a causal link. The consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However, the law requires plaintiffs prove specific exposure to products produced by certain defendants in order for their claims to be successful.

This is a difficult standard to meet, especially in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules of the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.

Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit as well as the options for restitution financial if you're diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma lawsuits in the year 2019, and it handles 6% of national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The signs of mesothelioma typically do not appear until 25 to 50 years after initial exposure. Many asbestos victims are now fighting to get the compensation they need to cover medical expenses, lost wages, loss of companionship and other damages.

It is crucial to file your mesothelioma suit promptly however, it is important to consult mesothelioma lawyers who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to schedule your free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or any other asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation can cover medical expenses, lost income from being unable, home care expenses as well as pain and suffering, mental anguish and loss of quality of life, and funeral and burial costs. An experienced New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After that, your lawyer will file a lawsuit in civil court before your state's statute of limitations runs out.

The courts are familiar with asbestos lawsuits and have specialized dockets to help simplify the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. In addition, the judges handling these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure that justice is done.

According to a research study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have led to compensation for victims.

In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses These lawsuits are also aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.

However the NYCAL decision offers defendants the chance to have a shot of hope in their struggle to avoid punitive damages awards. Prior to this, they faced the prospect of massive judgments in these cases, according to the prevalent view that their conduct was so egregious that they must pay punitive damages in order to discourage others from committing the same crime.

With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases can expect to be dismissed in a substantial portion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case that they didn't have a right to be involved in.