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 illness with a long latency period is the second most frequent mesothelioma-related case in the United States in 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motion practice focusing on the defendant's fiber/cc test and expert reports placing any exposure that is deemed to be respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys (just click the up coming article) rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be extremely expensive and expert witness fees make up a significant portion of the total costs. Lawyers for both sides can spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to examine and verify potential experts in advance. Failure to do so can result in a sham Daubert contest and a loss of cases.
New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. Those who have 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 well-versed in the issues that arise. The courts, for example expedite trials for terminally ill plaintiffs and consolidate cases when necessary to cut down on trial costs. In addition courts frequently review their discovery procedures to ensure that they are up-to-date and efficient.
In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements from plaintiffs' experts were insufficient to establish causation in an asbestos case. The case was re-argued by defendants, and a decision is expected soon.
The court's decision is expected to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure at work and in their communities. Asbestos-related 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 compensation that you deserve.
Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are aggressive and have a long time of latency which means that patients may start experiencing symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, 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 landscape in recent years. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it difficult for defendants to obtain summary judgment.
In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that had become fashionable in the court case and requiring plaintiffs to prove specific causation through sufficient scientific explanation by their experts. This ruling provides New York asbestos attorneys a strong argument against allegations that claims are false or speculative.
In Reid v. Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related disease and the specific substances they were exposed to. This decision imposes on plaintiffs the obligation to establish that their disease was caused by the specific linings and friction materials that were provided by the defendant, not general exposure to asbestos in the workplace.
Causation
The biggest challenge for asbestos defendants is the need to prove that there is a causal link. The consensus is that exposure to asbestos lawyers-containing substances can trigger mesothelioma and other illnesses. However the law requires that plaintiffs prove specific exposure to products made by certain defendants in order to be successful.
This is a difficult standard to achieve, particularly in NYCAL, where a single judge oversees the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles outlined in this 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 friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.
Juni has placed a significant burden on defendants in NYCAL and may make them settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit and your options for restitution in the event that you're diagnosed with mesothelioma, or other asbestos-related diseases.
New York State was the second most popular state for mesothelioma suits in 2019. It handled 6percent of all asbestos litigation across the country. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos as it was being used in industrial applications.
The symptoms of mesothelioma don't usually evident until between 25 and 50 years after the initial exposure. Many asbestos lawsuit patients are fighting to receive the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to damages.
It is important to file your mesothelioma lawsuit in a timely manner however, it is vital to work with an attorney for mesothelioma who can help you seek the most monetary restitution. Contact a mesothelioma lawyer in NYC to set up a free, no-obligation appointment. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or a similar asbestos-related condition, a successful lawsuit could compensate your family's losses. Compensation can cover medical bills as well as lost wages due to inability to work, home care expenses, mental stress and pain, loss of quality, funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer can then file a civil lawsuit before the statute of limitations expires in your state.
The courts are well-versed in asbestos lawsuits, and have dockets that are specifically designed to speed up the process. They accelerate trials for terminally ill plaintiffs and put similar cases together. In addition the judges who handle these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure justice is served.
According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare and fatal disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
These lawsuits seek to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos lawyers-related illnesses. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The lawsuits are meant to discourage the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants hope that they will stay clear of punitive damages. In the past, they been facing the prospect of huge judgments in these cases with the prevailing theory that their conduct was so outrageous that they had to pay punitive damages in order to discourage others from committing the same crime.
With the decision in favor of plaintiffs, it is likely that many of the businesses that were named as defendants will be dismissed. This is because, even if they are dismissed, they'll have to spend money on legal costs to defend a case that they did not deserve to be involved in.
