5 Laws That Anyone 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 latency is the second most common mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgment motion practice focused on the defendant's fiber/cc tests and expert reports putting any respirable exposure below 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 a large percentage of the total costs in asbestos litigation. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants study and evaluate potential experts prior to contacting them. In the absence of doing so, it could result in a failed Daubert challenge and lost cases.
New York has a rich industrial past, and many workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos lawyer-related illnesses, like mesothelioma or lung cancer. These workers can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a common in New York, and judges are aware of the issues involved. For example, the courts speed up trials for ill plaintiffs, and they often consolidate cases to reduce trial expenses. Additionally courts frequently review their discovery procedures to make sure they are current and efficient.
In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs experts were not sufficient to establish causation in an asbestos case. The case was re-argued by the defendants, and a ruling is expected in the near future.
The court's decision is expected to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers need to continue to be alert to asbestos exposure in their work environments and communities. Asbestos lawsuits are on the increasing and the state is one of the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos attorney can help you receive the compensation that you deserve.
asbestos Lawsuit (Posteezy.com) exposure often leads to serious illnesses, such as mesothelioma as well as lung cancer. These diseases are extremely serious and have a long time to develop. This means that patients may not be experiencing symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to avoid asbestos exposure and a subsequent illnesses. A number of major changes have taken place in the asbestos litigation landscape in recent years. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver on federal corruption charges. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have placed a heavy burden on defendants, making it virtually impossible for them to get 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 prevalent in the litigation. Instead it required plaintiffs prove causality with enough scientific evidence from their experts. This decision provides New York asbestos defense attorneys an effective tool to defend against allegations of fraudulent and speculative claims.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force 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 illness was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.
Causation
The defendants will need to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing substances can cause mesothelioma and various other illnesses, but the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants in order to prevail on their claims.
This is a tough standard to achieve, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles from the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to prove specific causality under Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and could make them settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing a suit and the options to receive financial compensation if you have been diagnosed with mesothelioma.
New York State was the second most popular state for mesothelioma suits in 2019. It handled about 6% of the asbestos litigation across the country. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were contractors or workers exposed to asbestos in industrial applications.
The signs of mesothelioma typically are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they need to cover medical expenses and lost wages, as well as loss of companionship and other losses.
While it is essential to start a mesothelioma lawsuit in a timely manner however, it is equally important to consult with a knowledgeable mesothelioma lawyer who can help you obtain the maximum amount of financial restitution that is possible. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation can cover medical bills, lost income from being unable or take care of your home, pain and suffering, mental anxiety and loss of quality of life and funeral and burial expenses. An experienced New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer will then start a civil lawsuit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They accelerate trials for plaintiffs who are terminally ill and also group similar cases together. The judges who are handling these cases are trained to ensure justice and are aware of the increased risk of asbestos exposure.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits seek to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. They are intended to deter the defendant's actions in the future, and discourage others from engaging in the same course of action.
However, the NYCAL decision provides defendants with the chance to have a shot of hope in their battle to stay out of punitive damages. They faced the prospect of massive judgments in the past, in the belief that their conduct had been so bad that they would have to pay punitive damages to deter other people from following their example.
Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases can expect to be dismissed in a significant portion of their cases. This is because even if they're dismissed, they will need to incur legal costs to defend a case they didn't deserve to be involved in.
