4 Dirty Little Secrets About Asbestos Litigation Industry Asbestos Litigation Industry

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with long latency periods.

Recent NYCAL decisions will have a significant 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 place any exposure that can be deemed respirable below an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers (Going On this page) rely heavily on expert witness testimony to prove their clients' claims. Asbestos litigation is expensive and expert witness fees make up a significant portion of the total cost. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollars per day. For this reason, it is essential for litigants to thoroughly research and vet potential experts prior to their appointment. In the absence of this, it could result in a shaky Daubert Challenge and losing cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma and lung cancer. Anyone who has been affected by these diseases can recover compensation from the companies who exposed them to asbestos.

Asbestos suits are quite common in New York and the judges are well-versed in the subject. The courts, for example expedite trials in cases of seriously ill plaintiffs and combine cases when needed to reduce trial costs. In addition, courts regularly review their discovery procedures to ensure they are current and efficient.

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 insufficient to establish the causality in an asbestos case. The case was appealed by defendants, and a ruling is expected in the near future.

The court's decision is expected to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads that encourage victims to file asbestos lawsuits, promising huge settlements. The specialized 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 convicted on federal corruption charges relating to the millions of dollars he earned from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must remain vigilant about possible asbestos exposure at work and in their communities. Asbestos-related lawsuits are on the increasing and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can help you receive the amount of compensation you are due.

Asbestos exposure could lead to serious diseases like mesothelioma or lung cancer. These are serious diseases and have a long time to develop. This means that patients might not be suffering from symptoms until twenty or 25 years after the initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and a subsequent disease. In recent years the asbestos litigation scene has undergone several major changes. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. In the wake of this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His decisions have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be fraud or speculative.

In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish 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 linings and friction materials which were supplied by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other illnesses. However the law requires plaintiffs to prove specific exposure to products manufactured by certain defendants in order to be successful.

This is a challenging 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 struggle to apply the principles from that case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a heavy burden on defendants, and could force them settle their claims at a lower amount than what they are entitled to. A mesothelioma attorney in NYC can explain the benefits of filing a suit and the options for financial restitution if you're diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019, and it handles about 6% of the national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma within the state. The majority of victims were contractors or workers exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically apparent until between 25 and 50 years after exposure. Many asbestos attorney patients are fighting for the compensation they need for medical expenses as well as lost wages and companionship loss, in addition to other damages.

While it is crucial to make a mesothelioma claim in a timely manner however, it is equally important to partner with a seasoned mesothelioma lawyer who can help you obtain the maximum financial restitution possible. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your attorney can discuss your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma, or another asbestos-related illness A successful lawsuit can compensate your family for your losses. Compensation can cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and suffering loss of quality, funeral and burial costs, as well as other expenses. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After that, your lawyer can bring a lawsuit in civil court before your state's statute of limitations expires.

The courts have specialized dockets for asbestos cases in order to speed up the process. They accelerate trials for plaintiffs with terminal illnesses and put similar cases together. In addition, the judges handling these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure justice is served.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable disease, but lawsuits against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages, which are given in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and deter others from taking part in the same course of action.

The NYCAL decision gives defendants hope that they will avoid punitive damages. They faced the prospect of large judgments in the past on the basis that their conduct was so bad that they would have to pay punitive damages to discourage others from following their example.

With the decision in favor of plaintiffs, companies that are named as defendants in NYCAL cases could be dismissed in a significant portion of their cases. Even if they were to be dismissed, they would still have to pay legal fees to defend a case that they didn't have a right to be involved in.