This Is The Ugly Reality About Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos attorneys-related cancer with a long latency period, is the second most frequent mesothelioma patient in the country in 2019.

Recent NYCAL decisions are expected to have a major 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 and expert reports putting any respirable exposure under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients' claims. Asbestos litigation can be extremely expensive and expert witness costs represent a significant proportion of the total cost. Lawyers on 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 important for litigants to research and vet potential experts prior to their appointment. If they don't, it could result in a failed Daubert Challenge or losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos-related diseases, such as mesothelioma or lung cancer. People who have suffered from these ailments can recover compensation from the companies who exposed them to asbestos.

Asbestos suits are common in New York and the judges are well-versed in the subject. For example, the courts speed up trials for patients, and often consolidate cases to reduce the cost of trial. The courts also regularly examine their discovery procedures to ensure that they are effective and up-to-date.

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

The court's decision is expected to have a profound impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that encourage victims to file asbestos lawsuits, promising massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he made by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the compensation you're due.

Asbestos exposure is often the cause of serious diseases, such as mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long latency period which means that patients may only have begun feeling symptoms as recent as 20 or 25 years after their 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 scene has seen a number of significant changes. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's convictions for corruption stemmed from his secretly working at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. 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 with a brutal dose of reality, rejecting the cumulative exposure theory that had become fashionable in the litigation, and calling for plaintiffs to establish the causation of their claims with sufficient scientific explanation by their experts. This ruling gives New York asbestos defense attorneys the ability to defend against allegations of fraudulent and speculative claims.

In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. In this case, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The biggest challenge for asbestos defendants is the need to prove that there is a causal link. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma and various other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to prevail on their claims.

This is a tough standard to meet, particularly 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 from that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to establish the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and may oblige them to to settle their claims for less than what they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit and your options for restitution financial if you're diagnosed with mesothelioma or other asbestos-related diseases.

New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It was the sole handler of about 6% of the national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were workers or contractors exposed to asbestos attorney in industrial applications.

The symptoms of mesothelioma usually do not appear until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they need to cover medical expenses loss of wages, companionship loss, among other damages.

It is crucial to file your mesothelioma lawsuit promptly, but it is also important to consult a mesothelioma lawyer who can help you seek the maximum financial restitution. Contact a mesothelioma lawyer in NYC to schedule a free, no-obligation appointment. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.

Damages

If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit can help your family recover losses. Compensation can cover medical expenses, lost income due to being unable to work, home care expenses, pain and suffering, mental anxiety, loss of quality of life as well as funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. Your lawyer will then file a civil lawsuit before the statute of limitations expires in your state.

The courts are familiar with asbestos lawsuit lawsuits, and they have dockets specifically designed to simplify the process. They speed up trials for plaintiffs who are terminally ill and put similar cases together. Additionally the judges who handle these cases are aware of the increased 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 national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits are designed to punish corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.

The NYCAL decision gives defendants hope that they can avoid punitive damages. They had the possibility of huge judgments in the past on the basis that their conduct was so bad that they had to pay punitive damages to discourage others from following suit.

With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases could be dismissed in a large proportion of their cases. Even if they were to be dismissed, they would still have to pay legal fees to defend a case they didn't have a right to be involved in.