"Ask Me Anything:10 Responses To Your Questions About Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency periods.
Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions will likely result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports placing any respirable exposure below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can make up a significant proportion of total costs involved in asbestos litigation. Lawyers for both sides can spend hours in preparation to confront 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. Failure to do this can result in a failed Daubert Challenge or losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, including mesothelioma as well as lung cancer. Anyone who has been affected by these diseases can seek compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a common event in New York, and judges are well-versed in the issues involved. The courts, for instance, expedite trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce trial costs. The courts also regularly 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 of exposure cumulatively made from plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants filed an appeal, and a decision is expected soon.
The court's decision is likely to have a profound impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with commercials urging victims to make asbestos lawsuits and promise massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers should continue to be vigilant about possible asbestos exposure in their work environments and communities. Asbestos-related lawsuits are on the increasing and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These are serious diseases, and they have a long time to develop. This means that victims may not have started experiencing symptoms until 20 or 25 years following their first exposure. There are steps workers can take to prevent asbestos exposure and the development of a future illness. In recent years, the asbestos litigation landscape has seen significant changes. The most significant change occurred in 2015, when New York's political establishment was shaken to its core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret moonlighting 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. The long-time head of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she provided the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have placed a significant burden on defendants, making it virtually impossible for them to obtain summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the cumulative exposure theory that was popular in the litigation. Instead it demanded plaintiffs prove causality with enough scientific evidence from their experts. This decision gives New York asbestos defense attorneys the ability to defend against allegations of speculative and fraudulent claims.
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 diseases and products to which they were exposed. This decision imposes plaintiffs with the obligation to prove that their illness was caused by specific friction materials and linings that were provided by the defendant, not general exposure to asbestos in the workplace.
Causation
The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However, the law requires plaintiffs demonstrate specific exposure to the products made by certain defendants to be considered valid.
This is a difficult standard to meet, particularly in NYCAL where a single judge oversees the entire 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) found that a plaintiff's declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causation.
Juni has imposed a substantial burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.
New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for 6% of national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees who were exposed to asbestos because it was being used in industrial processes.
The signs of mesothelioma aren't usually evident until 25 to 50 years after the first exposure. Many asbestos victims are fighting to receive the compensation they deserve for medical expenses as well as lost wages and companionship loss, among other damages.
While it is important to make a mesothelioma claim promptly, it is also crucial to partner with a seasoned mesothelioma lawyer who will help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC to set up a free, no-obligation appointment. Your attorney will be able to discuss your eligibility for financial compensation 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 could cover medical expenses and lost wages resulting from inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, as well as other expenses. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. Your lawyer can then file a civil lawsuit before the statute of limitations expires in your state.
The courts are familiar with asbestos lawsuits, and have dockets specifically designed to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Judges who handle these cases are trained to ensure justice and are aware of the increased risk of asbestos exposure.
According to Chula Vista asbestos lawyer conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.
In addition to compensating victims of mesothelioma as well as other asbestos-related diseases These lawsuits are also aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and discourage others from taking part in a similar course of action.
The NYCAL decision gives defendants hope that they can avoid punitive damage awards. Previously, they had been facing the prospect of huge judgments in these cases with the prevailing theory that their conduct was so egregious that they had to pay punitive damages in order to discourage others from committing the same crime.
With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a large proportion of their cases. This is because, even if they are dismissed, they'll need to incur legal fees to defend a case that they did not deserve to be involved in.