This Week s Most Popular Stories About Asbestos Litigation Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency times.
Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under 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. Expert witness fees can be a significant proportion of total costs in asbestos litigation. Lawyers on both sides could spend hundreds of hours in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough examine and verify potential experts prior to contacting them. In the absence of this, it could result in a failed Daubert Challenge and losing cases.
New York has a rich industrial history, and many workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos-related illnesses, including mesothelioma as well as lung cancer. They can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a regular in New York, and judges are aware of the issues involved. For example, the courts expedite trials for terminally patients, and often consolidate cases to reduce costs for trial. The courts also regularly review their discovery procedure to ensure that it is effective and current.
In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by plaintiffs experts were not sufficient to establish causation in an asbestos case. The defendants appealed the case, and a decision is expected soon.
The court's decision is likely to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms saturate the daytime with ads urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by sending asbestos cases to their firm.
New Yorkers should continue to be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on the rise, and New York is among the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure can lead to serious diseases such as mesothelioma and lung cancer. These illnesses are extremely serious and have a long period of latency, meaning that victims may start feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and a subsequent illnesses. In recent years the asbestos litigation landscape has seen a number of significant changes. The most significant change occurred in 2015 in which the New York political establishment was shaken to its core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secret moonlighting at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.
The new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. His decisions have put a huge burden on defendants, making it almost impossible for them to get summary judgment.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish the causation of their claims with sufficient scientific explanation by their experts. This decision provides New York asbestos defense attorneys a powerful tool to defend against claims of fraudulent and speculative claims.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove a specific causal link between their asbestos-related illness and the specific substances they were exposed to. The decision imposes plaintiffs with the responsibility 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 most difficult challenge facing defendants in asbestos lawsuit cases is the need to prove causation. There is a consensus that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products manufactured by certain defendants in order to be successful.
This is a tough standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles outlined in the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.
Juni has placed a huge burden on defendants, and could make them to settle their claims for a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain the benefits of filing a lawsuit as well as the options for restitution financial if you're diagnosed with mesothelioma or any other asbestos Lawsuit-related diseases.
New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It handled 6percent of all asbestos litigation across the country. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected have been workers or contractors who were exposed to asbestos when it was being used in industrial processes.
Symptoms of mesothelioma are not usually evident until 25 to 50 years after the first exposure. Many asbestos patients are battling to obtain the compensation they need to cover medical expenses as well as lost wages, loss of companionship and other damages.
While it is crucial to file a mesothelioma lawsuit promptly but it is also essential to work with an experienced mesothelioma lawyer who can assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma lawyer from NYC today to schedule a free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund.
Damages
If you have mesothelioma, or another asbestos-related disease, a successful lawsuit can pay for the losses of your family. Compensation can cover medical bills, 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 expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to speed up the process. They accelerate trials for plaintiffs with terminal illnesses and also group similar cases together. Judges who handle these cases have been trained to ensure justice and are aware of the increased risks associated with asbestos lawsuit.
According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating victims of mesothelioma and the other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and deter others from taking part in a similar action.
However the NYCAL decision gives defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. In the past, they been facing the prospect of huge judgments in these cases, with the prevailing theory that their conduct was so outrageous that they had to pay punitive damages in order to discourage others from following their lead.
With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases could be dismissed in a substantial proportion of their cases. This is because even if they're dismissed, they'll need to incur legal costs to defend a case that they didn't deserve to be involved in.