20 Myths About Asbestos Litigation: Debunked

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related cancer with a long latency period, is the second most common mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test as well as expert reports putting any respirable exposure below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Expert witness fees can account for a large percentage of the 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. Failure to do this could result in a failed Daubert contest and a loss of cases.

New York has had a long industrial history. Many workers were exposed to asbestos lawsuit. Many of these workers have developed asbestos-related diseases, such as mesothelioma or lung cancer. These workers can claim compensation from the companies who exposed them to asbestos.

Asbestos suits are commonplace in New York and the judges are familiarized with the issues. For instance, courts speed up trials for patients, and often consolidate cases to lower costs for trial. The courts also periodically review their discovery process to ensure that it is effective and up-to date.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove the causality. The defendants appealed the case and a decision is expected in the near future.

The court's decision is likely to have a significant impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with ads urging victims to bring asbestos lawsuits, promising giant settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys, who have paid 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 from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos-related lawsuits are on the increase and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney (visit the site) can assist you in obtaining the amount of compensation you are due.

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma as well as lung cancer. These are serious diseases and have a long time to develop. This means that victims may not have started experiencing symptoms until 20 or 25 years following their first exposure. There are steps workers can take to avoid asbestos exposure and the development of a 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 foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made millions in referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos lawyers-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have put a huge burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative exposure theory that was becoming popular in the litigation, and insisting that plaintiffs 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 allegations that claims are speculative or fraudulent.

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. This decision places on plaintiffs the obligation to prove that their illness was caused by the specific linings and friction materials that were provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants will need to demonstrate that asbestos caused the disease. The consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other illnesses. However the law requires plaintiffs to be able to prove specific exposure to certain products manufactured by certain defendants for their claims to be considered valid.

This is a difficult standard to achieve, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from the case. In 2016, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causation.

Juni has placed a huge burden on defendants and could force them pay less than they are entitled. A mesothelioma attorney in NYC will explain the benefits of filing a suit and your options for financial restitution if you're diagnosed with mesothelioma or any other asbestos lawsuit-related diseases.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and handles 6percent of all asbestos litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. The majority of victims were workers or contractors exposed to asbestos in industrial settings.

The signs of mesothelioma generally do not appear until 25 to 50 years after initial exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses loss of wages, companionship loss, among other damages.

While it is essential to file a mesothelioma lawsuit in a timely manner but it is also essential to partner with a seasoned mesothelioma attorney who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma attorney from NYC to set up a no-cost, no-obligation appointment. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

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

The courts are well-versed in asbestos lawsuits, and they have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases together. Additionally the judges who decide these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure that justice is done.

According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare and incurable disease, but lawsuits against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.

In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar conduct in the future.

The NYCAL decision gives defendants hope that they can avoid punitive damages. Previously, they had faced the possibility of huge judgments in these cases according to the prevalent view that their conduct was so egregious that they should be forced to pay punitive damages to deter others from committing the same crime.

With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases can expect to be dismissed in a large portion of their cases. 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.