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 an asbestos lawyers-related disease that is serious and has long latency times.

Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions will likely result in a number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Asbestos litigation is expensive, and expert witness fees represent a significant proportion of total case costs. Lawyers for both sides could spend hundreds of hours prepping to interview an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough examine and verify potential experts prior to contacting them. If they don't, it could result in a failure of the Daubert Challenge or losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers developed asbestos-related diseases, such as mesothelioma or lung cancer. They may seek compensation from the companies who exposed them to asbestos.

Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for example expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce trial costs. The courts also periodically review their discovery process to ensure that they are effective and current.

In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs' experts were insufficient to establish causation in an asbestos case. The case was re-argued by defendants, and a ruling is expected to be issued soon.

The court's decision is expected to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads which encourage asbestos victims to file 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 attorneys cases towards his firm.

New Yorkers should be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits are increasing and New York is among the most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney lawyer can help you obtain the compensation you deserve.

Asbestos exposure can lead to serious diseases, including mesothelioma and cancer of the lung. These diseases are extremely serious, and they have a long time to develop. This means that victims might not be experiencing symptoms until 20 or 25 years following the initial exposure. There are steps workers can take to prevent asbestos exposure and the development of a future illness. A number of major changes have taken place in the asbestos litigation scene in recent years. The most significant change came in 2015 when the political establishment was shaken to its core by the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which was where he earned 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 long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His rulings have made it more difficult for defendants to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the theory of cumulative exposure that was popular in the litigation. Instead it required that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling gives New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related illness and the specific products they were exposed to. This decision places plaintiffs with the obligation to prove that their condition was caused by specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products manufactured by certain defendants in order to be considered valid.

This is a tough standard to achieve, particularly in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles of the 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 friction products containing asbestos was not enough to establish specific causality under Nemeth.

Juni has placed a huge burden on defendants, and could force them settle their claims at a lower amount than what they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a suit and the options for financial compensation if have been diagnosed with mesothelioma.

New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It was the sole handler of 6% of all national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. The majority of patients were contractors or workers exposed to asbestos in industrial applications.

Symptoms of mesothelioma are not typically apparent until between 25 and 50 years after exposure. Many asbestos patients are fighting for the compensation they need to cover medical costs, lost wages, loss of companionship and other losses.

It is crucial to file your mesothelioma lawsuit in a timely manner, but it is also essential to work with a mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation. Call a mesothelioma attorney in NYC to schedule a free appointment, no-obligation. Your attorney can discuss your rights to financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma, or another asbestos-related disease, a successful lawsuit may pay your family members for their losses. Compensation could cover your medical expenses, lost income due to being unable to work or take care of your home as well as pain and suffering, mental anguish and loss of quality of life, and funeral and burial expenses. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to simplify the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. The judges who are handling these cases have been trained to ensure justice and are aware of the increased risk of asbestos exposure.

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

These lawsuits seek to punish corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar behavior in the future.

However the NYCAL decision gives defendants an opportunity to win their battle to avoid punitive damages awards. They faced the prospect of large judgments in the past, with the theory that their conduct was so bad that they would have to pay punitive damage awards to deter other people from following their example.

With the decision in favor of plaintiffs, it is expected that many of the companies named as defendants will be reprimanded. This is because even if they're dismissed, they will still be required to pay legal fees to defend a case they did not merit to be involved in.