Why You Should Forget About Enhancing Your Asbestos Litigation

New York Asbestos Litigation

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

Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based on asbestos defendant's tests for fiber/cc as well as 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 expert witnesses to prove their clients' claims. asbestos attorneys litigation can be extremely expensive and expert witness fees account for a significant percentage of the total cost. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. It is crucial that litigants carefully examine and verify potential experts prior to contacting them. Failure to do this could result in a failure of the Daubert challenge or losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related illnesses, including mesothelioma and lung cancer. Those who have been affected by these diseases can seek compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are well-versed in the issues involved. For example, the courts speed up trials for patients, and often combine cases to cut down on costs for trial. The courts also review their discovery process to ensure that they are effective and up-to date.

In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs' experts were insufficient to establish the causation in asbestos cases. The case was re-argued by the defendants, and a decision is expected in the near future.

The court's decision is expected to impact asbestos litigation throughout New York. There are currently mesothelioma-specific law firms fill the air with advertisements urging people to file asbestos lawsuits, promising huge settlements. The niche litigation has proven 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 related to the millions of dollars he earned from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers should continue to be alert to asbestos exposure at work and in their communities. Asbestos lawsuits have been on the rise and New York is one of the top jurisdictions for mesothelioma cases.

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 diseases are aggressive, and they have a long time to develop. This means that the victims might not be developing symptoms until twenty or 25 years after their first exposure. There are steps workers can take to reduce the risk of asbestos exposure and future illness. In recent years, the asbestos litigation landscape has seen a number of 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 a secretly working for 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 up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have placed a heavy burden on defendants, making it virtually impossible for them to get summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by denying the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded plaintiffs prove causation using sufficient scientific proof from their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim they are 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 that there is a causal link between their asbestos-related disease and the specific products they were exposed to. The decision imposes plaintiffs with the obligation to establish that their disease was caused by the specific linings and friction materials which were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation

The most difficult challenge facing defendants in asbestos cases is the need to prove causation. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However the law requires plaintiffs to be able to prove specific exposure to certain products produced by certain defendants to be successful.

This is a difficult standard to meet, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles from that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not sufficient to establish the requirement of specific causality under Nemeth.

Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims for less than they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of 6percent of all asbestos litigation in the nation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos as it was used in industrial processes.

The signs of mesothelioma generally don't manifest until between 25 to 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses as well as lost wages and companionship loss, in addition to damages.

It is important to file your mesothelioma claim in a timely manner, but it is also important to consult mesothelioma lawyers who can assist you in seeking the maximum financial restitution. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your lawyer can assist determine if you're qualified to receive financial compensation from an asbestos trust.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation could cover medical expenses as well as lost wages due to inability to work, home-care expenses, mental anguish and pain loss of quality, funeral and burial costs, as well as other costs. An experienced New York mesothelioma attorney will examine the parties responsible 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 well-versed in asbestos lawsuits, and they have dockets that are specifically designed to streamline the process. They speed up trials for terminally ill plaintiffs and put similar cases together. Judges who handle these cases are trained to ensure justice and are aware of the higher risks associated with asbestos.

According to a research study conducted recently, New York City is the nation's hub for asbestos lawyers litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

In addition to compensating the victims of mesothelioma and the other asbestos-related diseases the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and discourage others from taking part in a similar action.

However, the NYCAL decision provides defendants with an opportunity to win their struggle to stay out of punitive damages. They faced the prospect of large judgments in the past with the theory that their conduct had been so indecent that they had to pay punitive damage awards to deter other people from following suit.

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