What NOT To Do When It Comes To The Asbestos Litigation Industry

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 times.

Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions will likely result in a significant number of summary judgment motions based on defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can make up a a large percentage of the total costs in asbestos litigation. Lawyers for both sides can spend hundreds of hours in preparation to confront an expert, while experts can charge thousands of dollars per day. This is why it is essential for litigants to thoroughly 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 many workers have been exposed to asbestos attorney that is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma or lung cancer. People who have suffered from these ailments can seek compensation from the companies that exposed them to asbestos.

Asbestos suits are common in New York and the judges are well-versed in the subject. The courts, for instance expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and effective.

In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made from plaintiffs experts were not sufficient to establish the causation in asbestos cases. The defendants appealed the decision and a decision is expected soon.

The court's decision is expected to impact asbestos litigation across New York. The mesothelioma lawyers are bombarding daytime television with commercials that encourage asbestos victims to file suits, promising huge settlements. The niche 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 relating to the millions of dollars he earned by directing asbestos cases to his firm.

New Yorkers must continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits are on increase, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the compensation you deserve.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These illnesses are extremely serious and have a long latency period which means that patients may start suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to prevent asbestos exposure and a subsequent illnesses. Several major changes have occurred in the asbestos litigation scene in recent years. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secret moonlighting 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 shaken the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it difficult for defendants to obtain summary judgement.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of truth, rejecting the cumulative exposure theory that was becoming popular in the court case and requiring plaintiffs to prove the causation of their claims with sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be speculative or fraudulent.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related illness and the specific substances they were exposed to. In this case, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings provided by the defendant rather than general exposure to asbestos in the workplace.

Causation

The defendants will need to prove that asbestos caused the disease. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products manufactured by certain defendants in order to be successful.

This is a tough standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles of this case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and may oblige them to pay a lower amount than they are entitled. A mesothelioma lawyer from NYC can explain the advantages of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It was the sole handler of about 6% of the national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were contractors or workers exposed to asbestos in industrial settings.

The signs of mesothelioma typically are not evident until the age of 25 to 50 years after initial exposure. Many asbestos sufferers are battling to obtain the compensation they require to pay for medical expenses, lost wages, loss of companionship, and other damages.

It is crucial to file your mesothelioma lawsuit in a timely manner, but it is also essential to work with an attorney for mesothelioma who can help you seek the most monetary restitution. Contact a mesothelioma lawyer from NYC today to set up a free, no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental stress and pain loss of quality, funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to support your claims. Your lawyer can then file a civil lawsuit before the statute of limitations runs out in your state.

The courts have dockets that are specially designed for asbestos attorney cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. In addition the judges who decide these cases are aware of the heightened risk of asbestos exposure and are trained to ensure justice is done.

According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos lawyers fibers have resulted in compensation for victims.

These lawsuits aim to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damage awards in addition to compensatory damages. They are intended to deter the defendant's actions in the future and deter others from participating in a similar action.

However, the NYCAL decision offers defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. They were in danger of massive judgments in the past in the belief that their conduct had been so bad that they should pay punitive damage awards to discourage others from committing the same offense.

With the decision in favor of plaintiffs, it is expected that a lot of the companies that were named as defendants will be dismissed. This is because even if they're dismissed, they'll need to incur legal costs to defend a case they did not merit to be involved in.