5 Laws Everyone Working In Asbestos Litigation Should Be Aware Of
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related disease with a long period of latency is the second most frequent mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motions focusing on the defendant's fiber/cc test as well as expert reports putting any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients' claims. Expert witness fees can make up a significant proportion of total costs involved in asbestos litigation. Lawyers for both sides can spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. This is why it is important for litigants to study and evaluate potential experts prior to hiring them. In the absence of doing so, it could result in a failure of the Daubert challenge or losing cases.
New York has a rich industrial history, and many workers have been exposed to toxic asbestos attorneys. Many of these workers developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. These workers can claim compensation from the companies who exposed them to asbestos.
Asbestos lawsuits are an everyday event in New York, and judges are aware of the issues that arise. For instance, courts expedite trials for terminally patients, and often consolidate cases to lower the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to ensure that they are up-to-date and efficient.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish the causality. The defendants appealed the decision, and a decision is expected soon.
The court's decision is likely to have a major impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with advertisements urging people to file asbestos lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by the asbestos Lawsuit cases he directed to their firm.
In addition to these legal developments, New Yorkers need to remain alert to asbestos exposure in their work environments and communities. Asbestos lawsuits are on the rise, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can help you obtain the compensation you deserve.
Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These diseases are agressive and have a long latency period which means that the victims could be feeling symptoms as recent as 20 or 25 years after the initial exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of illnesses. There have been a number of significant changes in the asbestos litigation environment in recent years. The most significant change occurred in 2015 when the political establishment was shaken to the core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions in referral fees.
The new Albany landscape is also impacted by the courtroom political machinations of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His rulings have made it more difficult for defendants to obtain summary judgement.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This decision provides New York asbestos defense attorneys the ability to defend against allegations of fraudulent and speculative claims.
In Reid v. Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related condition and the particular products that they were exposed to. This decision places on plaintiffs the obligation to establish that their disease was caused by the specific friction materials and linings that were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The defendants will need to demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to asbestos-containing substances is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to establish specific exposure to certain products made by particular defendants to prevail on their claims.
This is a challenging standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles of the case. In 2016, for example, 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 satisfy a specific causation.
Juni has placed a significant burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.
New York state was the second most popular state for mesothelioma lawsuits in the year 2019, and it handles 6percent of all asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims have been workers or contractors who were exposed to asbestos when it was used in industrial applications.
The symptoms of mesothelioma usually do not appear until 25 to 50 after the initial exposure. Many asbestos sufferers are fighting to get the compensation they need to pay for medical expenses and lost wages, as well as loss of companionship and other damages.
While it is crucial to file a mesothelioma lawsuit in a timely manner but it is also essential to partner with a seasoned mesothelioma lawyer who can help you pursue the maximum amount of financial compensation that you can. Call a mesothelioma attorney in NYC to schedule a free appointment that is no-obligation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or any other asbestos-related illness A successful lawsuit could pay for the losses of your family. 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 mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.
The courts are familiar with asbestos lawsuits and have dockets specifically designed to speed up the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. Judges who handle these cases have been instructed to ensure justice and are aware of the increasing risks associated with asbestos.
According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. asbestos lawsuit victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
In addition to compensating victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.
The NYCAL decision gives defendants hope that they will avoid punitive damage awards. Prior to this, they been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so outrageous that they must pay punitive damages to prevent others from committing the same crime.
With the ruling in favor plaintiffs, it is likely that many of the businesses that were named as defendants will be reprimanded. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they didn't have a right to be involved in.
