"Ask Me Anything:10 Answers To Your Questions 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-related disease with a long period of latency is the second most prevalent mesothelioma-related case in the United States in the year 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 upon the 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 in the ambient.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to support their clients their claims. Expert witness fees can make up a significant proportion of total costs involved in asbestos litigation. Lawyers for both sides could spend hours prepping to interview an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants research and vet possible experts in advance. If they don't, it 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, such as mesothelioma and lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are aware of the issues that arise. For example, the courts expedite trials for terminally ill plaintiffs, and they often consolidate cases to reduce the cost of trial. The courts also regularly examine their discovery procedures to ensure that it is effective and current.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove causality. The defendants appealed the decision and the decision is expected to be made soon.
The court's decision is likely to impact asbestos litigation throughout New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers must remain vigilant about possible asbestos exposure in their work environments and communities. Asbestos lawsuits (yogicentral.science) are on the increase and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you deserve.
Asbestos exposure can lead to serious diseases like mesothelioma and lung cancer. These diseases are extremely serious, and they have a long latency time. This means that patients may not be developing symptoms until 20 or 25 years after their first exposure. There are steps that workers can take to avoid asbestos exposure and future illness. In recent years, the asbestos litigation landscape has seen a number of major changes. The most significant change came 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 convictions for corruption stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The new Albany landscape is also impacted 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 provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have made it difficult for defendants to obtain summary judgement.
In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, rejecting the cumulative-exposure theory that was popular in the litigation, and calling for plaintiffs to establish specific causation through sufficient scientific explanation by their experts. This decision provides New York asbestos defense attorneys the ability to defend against claims of speculative and fraudulent claims.
In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related illness and the specific products they were exposed to. In this decision plaintiffs are required to prove that their asbestos lawsuit-related illness was caused by specific friction materials or linings supplied by the defendant, rather than general workplace exposure to asbestos.
Causation
The biggest challenge for asbestos defendants is the need to prove causation. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products made by certain defendants in order to be considered valid.
This is a challenging standard to meet, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.
Juni has put a huge burden on defendants in NYCAL and may force them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a suit and the options to receive financial compensation if you 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 asbestos litigation in the nation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of patients were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma aren't typically evident until between 25 and 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they require to pay for medical expenses as well as lost wages, loss of companionship and other losses.
While it is essential to start a mesothelioma lawsuit promptly, it is also crucial to consult with a knowledgeable mesothelioma lawyer who can assist you in obtaining the highest amount of financial restitution that is possible. Call a mesothelioma attorney in NYC to set up a no-cost appointment that is no-obligation. Your lawyer can help you determine if you're qualified for financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or another asbestos-related illness, a successful lawsuit could compensate your family for your losses. Compensation can cover medical bills, lost income due to being unable to work, home care expenses as well as pain and suffering mental anxiety, loss of quality of life, and funeral and burial expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. After that, your lawyer will start a civil lawsuit in court before the state's statute of limitations expires.
The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to speed up the process. They speed up trials for plaintiffs who are terminally ill and group similar cases together. In addition, the judges handling these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure that justice is served.
According to a recent study, New York City is the national center for asbestos litigation. asbestos attorneys-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits seek to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related illnesses. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future.
However, the NYCAL decision gives defendants a glimmer of hope in their fight to stay clear of punitive damages. They were in danger of large judgments in the past, in the belief that their conduct was so egregious, that they would have to pay damages for punitive harm to discourage others from following their example.
Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a substantial portion of their cases. This is because even if they're dismissed, they'll need to incur legal fees to defend a case they didn't deserve to be involved in.