Some Of The Most Ingenious Things Happening With 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 will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure below the threshold of exposure to ambient air.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Expert witness fees can make up a a large percentage of the total costs involved in asbestos litigation. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. For this reason, it is important for litigants to thoroughly examine and verify potential experts in advance. If they don't, it could result in a shaky Daubert Challenge and lost cases.
New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma and cancer of the lung. Anyone who has suffered from these conditions can seek compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are a regular event in New York, and judges are aware of the issues that arise. The courts, for example expedite trials in cases of terminally ill plaintiffs and consolidate cases when needed to reduce trial costs. In addition the courts are regularly reviewing their discovery procedures to make sure they are current and efficient.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish the causality. The defendants filed an appeal and a decision is expected in the near future.
The court's decision is likely to impact asbestos litigation in New York. Mesothelioma lawyers have been bombarding television during the day with ads that urge victims to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he earned by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are increasing and New York is one of top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the amount of compensation you are due.
Asbestos exposure can cause serious diseases like mesothelioma and lung cancer. These illnesses are extremely serious and have a long latency period which means that patients may only have begun experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to protect themselves against asbestos exposure and avoid future disease. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015, the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal charges of corruption. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amid reports that she provided 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 made it difficult for defendants to get summary judgment.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative-exposure theory that was popular in the court case and calling for plaintiffs to establish specific causation by proving it through scientific expression 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 In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. The decision imposes plaintiffs with the responsibility to establish that their disease was caused by the specific friction materials and linings that were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Merced asbestos attorney for defendants in asbestos cases is the need to prove causation. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products produced by certain defendants in order for their claims to be successful.
This is a challenging standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules of the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.
Juni has imposed a substantial burden on defendants in NYCAL and may make them settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a suit and the options for financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and handles 6% of national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected are contractors or workers who were exposed to asbestos as it was used in industrial applications.
The symptoms of mesothelioma usually do not appear until 25 to 50 after the initial exposure. Many asbestos patients are fighting for the compensation they deserve for medical expenses loss of wages, companionship loss, in addition to damages.
It is crucial to file your mesothelioma lawsuit in a timely fashion, but it is also important to consult a mesothelioma lawyer who can help you seek the maximum financial restitution. Contact a mesothelioma attorney in NYC today to schedule your free no-obligation consultation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit could provide your family with compensation for their losses. Compensation could cover your medical bills, income loss from being unable or take care of your home as well as pain and suffering, mental anxiety, loss of quality of life and funeral and burial costs. An experienced 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 runs out in your state.
The courts have dockets that are specially designed for asbestos cases that streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. In addition, the judges handling these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is served.
According to a recent study, 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 and incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.
In addition to compensating victims of mesothelioma and the other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and discourage others from engaging in the same course of action.
However the NYCAL decision provides defendants with a glimmer of hope in their battle to stay out of punitive damages. They faced the prospect of huge judgments in the past, in the belief that their conduct was so indecent that they had to pay damages for punitive harm to deter other people from following their example.
With the ruling in favor of plaintiffs, it is expected that many of the companies that were named as defendants will be dismissed. Even if they are dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be involved in.