The 3 Most Significant Disasters In Asbestos Litigation History
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency periods.
Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motions focusing on the defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation is expensive and expert witness fees represent a significant proportion of the total costs. Lawyers for both sides could spend a lot of time in preparation to question an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough research and vet possible experts prior to contacting them. In the absence of doing so, it could result in a failed Daubert challenge or losing cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and cancer of the lung. Anyone who has been affected by these diseases can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular occurrence in New York, and judges are well-versed in the issues that arise. For instance, the courts speed up trials for sick plaintiffs, and they often consolidate cases to lower costs for trial. Additionally courts frequently review their discovery procedures to ensure they are up-to-date and effective.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not prove causality. The case was re-argued by the defendants, and a ruling is expected soon.
The court's decision is expected to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with ads urging victims to make asbestos lawsuits and promise huge settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he made by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are on the increasing and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation that you deserve.
Asbestos exposure can lead to serious illnesses like mesothelioma or lung cancer. These diseases are agressive and have a long period of latency which means that patients may only have begun suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to reduce the risk of asbestos exposure and a subsequent disease. In recent years the asbestos litigation landscape has seen significant changes. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction on 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 new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have put a huge burden on defendants, making it nearly impossible for them to obtain summary judgment.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative exposure theory that was popular in the court case and requiring plaintiffs to prove specific causation through sufficient scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim to be fraud or speculative.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related illness and the specific products they were exposed to. This decision imposes plaintiffs with the obligation to prove that their condition was caused by the specific friction materials and linings that were provided by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos caused the disease. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma and various other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants in order to prevail on their claims.
This is a tough standard to meet, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos attorney litigation. In the 16 years since Parker, New York courts struggle to apply the rules from that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.
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 lawyer in NYC can explain to you the benefits of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and handles about 6% of the national asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. The majority of the victims are contractors or workers who were exposed to asbestos as it was used in industrial processes.
The signs of mesothelioma generally are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos victims are fighting for the compensation they need to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.
It is crucial to file your mesothelioma lawsuit in a timely manner, but it is also essential to work with a mesothelioma lawyer who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to set up a free, no-obligation consultation. Your lawyer can assist you determine if you are eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation could cover medical expenses, lost wages due to inability to work, home-care expenses, mental stress and suffering, loss of quality, funeral and burial costs, as well as other costs. An experienced New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. Your lawyer can then bring a civil suit 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 accelerate trials for plaintiffs who are terminally ill and group similar cases together. In addition the judges who decide these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure justice is served.
According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
These lawsuits aim to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos lawyers-related diseases. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar behavior in the future.
The NYCAL decision gives defendants the chance to avoid punitive damage awards. Prior to this, they been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so outrageous that they must pay punitive damages in order to discourage others from following their lead.
With the ruling in favor plaintiffs, it is expected that a lot of the companies that were named as defendants will be reprimanded. This is because, even if they are dismissed, they will need to incur legal costs to defend a case they did not merit to be involved in.