How To Outsmart Your Boss Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related cancer with a long latency period is the second most common mesothelioma-related case in the United States in the year 2019.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a number of summary judgment motions based on the defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of total case costs. Lawyers on both sides could spend a lot of time prepping to interview an expert, while experts can charge thousands of dollars per day. This is why it is essential for litigants to carefully study and evaluate potential experts prior to their appointment. Failure to do so can result in a failure of the Daubert challenge or losing cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma or lung cancer. People who have suffered from these conditions can recover compensation from the companies that exposed them to asbestos lawyers.

Asbestos lawsuits are a regular in New York, and judges are aware of the issues involved. For example, the courts expedite trials for terminally ill plaintiffs, and they often consolidate cases to lower the cost of trial. The courts also regularly examine their discovery procedures to ensure that it is effective and up-to-date.

In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made by 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 ruling is expected to impact asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with commercials urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges in relation to the millions he earned by sending asbestos cases to their firm.

New Yorkers should continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits are on the rise and New York is among the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're due.

Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are aggressive and have a long time to develop. This means that patients might not be suffering from symptoms until twenty or 25 years after the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of disease. Several major changes have occurred in the asbestos litigation landscape in recent years. The most significant change came in 2015 in which the New York political establishment was shaken to the core by the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His rulings have made it difficult for defendants to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against allegations of fraudulent and speculative claims.

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 illness and the specific substances they were exposed to. In this ruling plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will need to prove that asbestos contributed to the disease. It is generally accepted that exposure to certain asbestos-containing materials causes mesothelioma, among other diseases, however, the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order 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 that have passed since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causation.

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

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees exposed to asbestos in industrial applications.

The signs of mesothelioma aren't typically apparent until between 25 and 50 years after exposure. Many asbestos sufferers are fighting for the compensation they require to cover medical costs as well as lost wages, loss of companionship, and other damages.

It is crucial to file your mesothelioma lawsuit in a timely manner, but it is also important to consult a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your attorney can discuss your eligibility for financial restitution 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 pay for medical bills, 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 examine the parties responsible to gather evidence and support your claim. After that, your lawyer will file a lawsuit in civil court before your state's time limit expires.

The courts are familiar with asbestos lawyer lawsuits, and have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. Additionally the judges who decide these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is served.

According to a recent study, New York City is the national center for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering.

In addition to remunerating the victims of mesothelioma and other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future.

The NYCAL decision gives defendants hope that they can avoid punitive damages. In the past, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so egregious that they had to pay punitive damages to deter others from committing the same crime.

With the ruling in favor plaintiffs, it is likely that many of the companies that were named as defendants will be reprimanded. This is because even if they're dismissed, they will still need to incur legal costs to defend a case that they did not deserve to be involved in.