What Are The Biggest "Myths" About Asbestos Litigation May Actually Be Right

New York Asbestos Litigation

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

Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based upon the defendant's fiber/cc tests and 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. Asbestos litigation can be very expensive and expert witness costs account for a significant percentage of the total cost. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. This is why it is important for litigants to carefully examine and verify potential experts prior to their appointment. Failure to do this could result in a sham 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 have developed asbestos lawyers-related diseases, such as mesothelioma and lung cancer. Anyone who has suffered from these ailments can recover compensation from the companies that exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are familiar with the issues involved. The courts, for instance, expedite trials for patients who are terminally ill and consolidate cases when needed to reduce the cost of trial. Additionally, courts regularly review their discovery procedures to ensure they are up-to-date and efficient.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causality. The case was then appealed by defendants, and a ruling is expected to be issued soon.

The court's decision is expected to have an impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms saturate the daytime with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases towards his firm.

New Yorkers should be vigilant at work and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the rise and the state is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in receiving the compensation you deserve.

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and cancer of the lung. These diseases are aggressive and have a long period of latency which means that patients may be experiencing symptoms as recently as 20 or 25 years after the initial exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and prevent future illness. In recent years the asbestos lawsuit litigation landscape has undergone several major changes. The most significant change occurred in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. In the aftermath 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 dealt NYCAL with a savage dose of reality, renouncing the cumulative exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish specific causation by proving it through scientific expression by their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim they are fraud or speculative.

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. This decision places plaintiffs with the obligation to prove that their illness was caused by the specific friction materials and linings that were provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The biggest challenge for defendants in asbestos cases is the need to prove causation. There is a consensus that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However, the law requires plaintiffs demonstrate specific exposure to the products produced by certain defendants for their claims to be successful.

This is a tough standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles of this case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he "regularly exposed" himself to asbestos lawyers-containing friction products was not sufficient under Nemeth to establish a specific causality.

Juni has placed a huge burden on defendants and could make 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 financial if you are diagnosed with mesothelioma or any other asbestos-related illnesses.

New York State was the second most popular state for mesothelioma suits in 2019. It handled about 6% of the asbestos litigation in the nation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims are contractors or workers who were exposed to asbestos when it was used in industrial processes.

The signs of mesothelioma generally do not appear until 25 to 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they need for medical expenses as well as lost wages and companionship loss, among other damages.

While it is essential to start a mesothelioma lawsuit in a timely manner, it is also crucial to work with an experienced mesothelioma lawyer who will help you pursue the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit could pay for the losses of your family. Compensation may cover medical bills and lost wages resulting from inability to work, home-care expenses, mental anguish and pain loss of quality, funeral and burial costs, and other expenses. A seasoned New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After this, your lawyer may file a lawsuit in civil court before the statute of limitations runs out.

The courts have specialized dockets for asbestos cases that streamline the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. The judges handling these cases are trained to ensure justice and are aware of the increasing risk of asbestos exposure.

According to a recent study, New York City is a national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims.

These lawsuits seek to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and discourage others from engaging in the same course of action.

The NYCAL decision gives defendants hope that they can avoid punitive damages. They faced the prospect of massive judgments in the past on the basis that their conduct was so egregious, that they would have to pay damages for punitive harm to deter other people from committing the same offense.

Now, with the ruling in favor of plaintiffs, companies named as defendants in NYCAL cases could be dismissed in a large portion of their cases. This is because even if they get dismissed, they'll need to incur legal fees to defend a case they did not deserve to be involved in.