7 Simple Changes That Will Make The Difference With Your Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with long latency times.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure under an ambient exposure threshold.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Expert witness fees can be a significant proportion of total costs in asbestos litigation. Lawyers for both sides can spend a lot of time in preparation to question an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants carefully study and evaluate potential experts prior to contacting them. In the absence of doing so, it could result in a failed Daubert challenge or losing cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and lung cancer. They can seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are an everyday occurrence in New York, and judges are well-versed in the issues involved. The courts, for instance expedite trials for patients who are terminally ill and consolidate cases when necessary to cut down on trial costs. The courts also periodically review their discovery process to ensure that they are efficient and up-to date.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by plaintiffs experts were not sufficient to establish the causation in asbestos cases. The case was appealed by the defendants, and a decision is expected soon.
The court's decision is likely to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials which encourage victims to file asbestos suits, promising huge settlements. Suffolk asbestos attorney 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 sending asbestos cases to their firm.
New Yorkers should continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos-related 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 assist you in obtaining the compensation that you deserve.
Asbestos exposure can lead to serious diseases, including mesothelioma and cancer of the lung. These diseases are aggressive and have a long latency period which means that the victims could start experiencing symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of illnesses. In recent years, the asbestos litigation landscape has seen a number of major changes. The most significant change came in 2015, when New York's political establishment was shaken to its core by the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at 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 up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she'd given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it more difficult for defendants to get summary judgement.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative exposure theory that was popular in the litigation and insisting that plaintiffs prove the causation of their claims with sufficient scientific expression by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be speculative or fraudulent.
In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. This decision imposes on plaintiffs the obligation to prove that their condition was caused by specific linings and friction materials that were provided by the defendant, and not general exposure to asbestos in the workplace.
Causation
The defendants will need to prove that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials can cause mesothelioma and various other diseases, but the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to be successful in their claims.
This is a difficult standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of this case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.
Juni has imposed a substantial burden on defendants in NYCAL and may force them to settle their claims for less than what they are entitled to. A mesothelioma lawyer from NYC can explain the advantages 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 it handles about 6% of the national asbestos litigation. Up to 13,000 people 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 symptoms of mesothelioma don't typically apparent until between 25 and 50 years after the initial exposure. Many asbestos sufferers are fighting to get the compensation they require to cover medical costs, lost wages, loss of companionship and other losses.
It is essential to file your mesothelioma lawsuit in a timely fashion however, it is important to consult a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma attorney in NYC today to schedule your free, no-obligation consultation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit can provide your family with compensation for their losses. Compensation can cover medical expenses, lost income from being unable and home care expenses, pain and suffering, mental anguish and loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.
The courts have specialized dockets for asbestos cases that streamline the process. They speed up trials for terminally ill plaintiffs, and group similar cases. In addition the judges who decide these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure justice is served.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous 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.
These lawsuits seek to punish corporate wrongdoers as 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 designed to discourage the defendant's behavior in the future and discourage others from engaging in a similar course of action.
However, the NYCAL decision offers defendants the chance to have a shot of hope in their fight to stay clear of punitive damages. They faced the prospect of massive judgments in the past in the belief that their conduct had been so indecent that they would have to pay punitive damages to discourage others from following suit.
Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases are likely to be dismissed in a substantial proportion of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case that they didn't have a right to be in.