20 Myths About Asbestos Litigation: Debunked
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long latency period is the second most prevalent mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos lawsuits. These decisions could result in a significant number of summary judgment motions based on asbestos defendant's tests for fiber/cc as well as expert reports that put any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can make up a an enormous portion of total costs in asbestos litigation. Lawyers for both sides can spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to carefully research and vet potential experts prior to hiring them. In the absence of doing so, it could result in a failed 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 have developed asbestos-related diseases, such as mesothelioma and cancer of the lung. They can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues involved. The courts, for example expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. Additionally 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 conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causation. The defendants appealed the decision, and a decision is expected soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms saturate the daytime with advertisements urging people to make asbestos lawsuits and promise huge 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 relating to the millions he earned by the asbestos cases he directed to their firm.
New Yorkers must continue to be vigilant in their workplaces, and communities about asbestos lawyer exposure. Asbestos-related lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney; linked here, can assist you in obtaining the compensation that you deserve.
Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are aggressive and have a long latency period which means that patients may only have begun suffering from symptoms as recently as 20 or 25 years after the initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and prevent future disease. Several major changes have occurred in the asbestos litigation scene in recent years. The most significant change came in 2015, when New York's political establishment was shaken to the core following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He made millions of referral fees.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have placed a significant burden on defendants, making it nearly impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality, rejecting the cumulative exposure theory that was popular in the litigation. Instead it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim to be speculative or fraudulent.
In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. In this case plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants will have to demonstrate that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing substances causes mesothelioma and various other diseases, however, the law requires plaintiffs to establish the specific exposure to products produced by particular defendants to prevail on their claims.
This is a difficult standard to meet, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to satisfy specific causality under Nemeth.
Juni has put a huge burden on defendants in NYCAL and may oblige them to settle their claims at a lower amount than they are entitled to. An attorney for mesothelioma in NYC can explain the advantages of filing a lawsuit and the options for restitution financial if you're diagnosed with mesothelioma or other asbestos-related illnesses.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and is responsible for 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 contractors or employees exposed to asbestos in industrial settings.
The symptoms of mesothelioma don't typically evident until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship and other losses.
While it is essential to start a mesothelioma lawsuit promptly however, it is equally important to partner with a seasoned mesothelioma attorney who can help you pursue the maximum financial restitution possible. Contact a mesothelioma attorney from NYC to set up a no-cost appointment that is no-obligation. Your attorney can help you determine if you are eligible to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related illness A successful lawsuit can provide your family with compensation for their losses. Compensation could cover your medical bills, income loss from being unable to work or take care of your home as well as pain and suffering, mental anxiety and loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.
The courts have dockets specialized for asbestos cases to streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases. Additionally the judges who handle these cases are aware of the heightened risk of asbestos exposure and are trained to ensure that justice is done.
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 fatal cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable disease, however lawsuits filed against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.
In addition to compensating victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.
However the NYCAL decision provides defendants with a glimmer of hope in their struggle to stay clear of punitive damages. They had the possibility of large judgments in the past with the theory that their conduct was so indecent that they had to pay damages for punitive harm to deter other people from following their example.
Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a substantial proportion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be involved in.
