Three Greatest Moments In Asbestos Litigation History
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long latency period is the second most prevalent mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuit lawsuits. These decisions will likely result in a large number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that is deemed to be respirable under an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can account for an enormous portion of total cost of asbestos litigation. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is important for litigants to carefully research and vet potential experts prior to hiring them. In the absence of this, it could result in a failed Daubert Challenge and lost cases.
New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers have developed asbestos-related diseases, such as mesothelioma and cancer of the lung. Anyone who has suffered from these ailments can recover compensation from the companies that exposed them to asbestos.
Asbestos suits are common in New York and the judges are well-versed in the subject. For instance, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to reduce trial expenses. The courts also examine their discovery procedures to ensure that they are effective and up-to date.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts were not sufficient to establish the causality. The defendants appealed the case and the decision is expected to be made soon.
The court's ruling is expected to have an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms saturate the daytime with commercials urging victims to make asbestos lawsuits and promise massive settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers should continue to be alert to asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the rise and New York is among the most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can help you receive the compensation you deserve.
Asbestos exposure is often the cause of serious diseases, such as mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long period of latency which means that patients may start feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future illnesses. In recent years, the asbestos litigation landscape has seen a number of significant changes. The most significant change came in 2015, when New York's political establishment was shaken to its foundation following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The new Albany landscape has also been shaken by the courtroom politics of the NYCAL docket. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His decisions have put a huge burden on defendants, making it virtually impossible for them to get summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of reality, renouncing the cumulative exposure theory that was becoming popular in the litigation, and insisting that plaintiffs prove specific causation through sufficient scientific explanation by their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are speculative or fraudulent.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related condition and the particular products that they were exposed to. In this ruling plaintiffs must prove that their asbestos-related disease 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 caused the disease. It is generally accepted that exposure to asbestos-containing substances can cause mesothelioma and other diseases, however, the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to prevail on their claims.
This is a difficult standard to achieve, particularly in NYCAL where a single judge is responsible for the entire NYC asbestos lawyers litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to satisfy the requirements of causality specific to Nemeth.
Juni has placed a significant burden on defendants and may force them settle their claims at an amount lower than they are entitled. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit as well as 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 lawsuits in the year 2019 and handles 6percent of all asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected have been workers or contractors who were exposed to asbestos as it was used in industrial processes.
The signs of mesothelioma typically are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos patients are battling to obtain the compensation they need to cover medical expenses and lost wages, as well as loss of companionship, and other damages.
It is crucial to file your mesothelioma suit promptly, but it is also important to consult a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Call a mesothelioma attorney in NYC to set up a no-cost appointment that is no-obligation. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.
Damages
If you're suffering from mesothelioma or a similar asbestos-related condition A successful lawsuit could help your family recover losses. Compensation could cover your medical bills, income loss due to being unable to work and home care expenses, pain and suffering, mental anxiety and loss of quality of life, as well as funeral and burial costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. After that, your lawyer can start a civil lawsuit in court before your state's time limit expires.
The courts are familiar with asbestos lawsuits and have specialized dockets to help speed up the process. They accelerate trials for terminally ill plaintiffs and put similar cases together. The judges who are handling these cases are trained to ensure justice and are aware of the higher dangers associated with asbestos.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering.
These lawsuits aim to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar conduct in the future.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. They faced the prospect of huge judgments in the past on the basis that their conduct was so indecent that they would have to pay punitive damage awards to discourage others from following suit.
With the ruling in favor of plaintiffs, it is expected that many of the businesses named as defendants will be disqualified. Even if they were to be dismissed, they would still have to pay legal fees to defend a case they did not deserve to be involved in.
