The Most Profound Problems In Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency times.
Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based on 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 a large percentage of the total costs involved in 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 essential for litigants to examine and verify potential experts prior to hiring them. Failure to do this could result in a sham Daubert contest and a loss of 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 been diagnosed with asbestos-related illnesses, such as mesothelioma and cancer of the lung. People who have suffered from these conditions can seek compensation from the companies that exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for instance speed up trials in cases of terminally ill plaintiffs and consolidate cases when necessary to cut down on the cost of trial. The courts also review their discovery process to ensure that they are efficient and current.
In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove causality. The case was re-argued by defendants, and a ruling is expected soon.
The court's ruling is expected to have an impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to file asbestos lawsuits, promising huge 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 relating to the millions he earned by directing asbestos cases to their firm.
New Yorkers should continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on increase, 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 often leads to serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive and have a long time of latency, meaning that victims may be suffering from 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 avoid a recurrence of illness. A number of major changes have taken place in the asbestos litigation landscape in recent years. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal corruption charges. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.
The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amidst reports that she'd given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have made it difficult for defendants to get the benefit of a summary judgement.
In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative-exposure theory that had become fashionable in the court case and insisting that plaintiffs prove specific causation by proving it through 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 v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. This decision places on plaintiffs the obligation to establish that their disease was caused by the specific friction materials and linings that were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The defendants will have to demonstrate that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and various other illnesses, but the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants in order to prevail on their claims.
This is a tough 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 the case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causation.
Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and your options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019 and handles about 6% of the national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos as it was being used in industrial processes.
The signs of mesothelioma aren't typically apparent until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to receive the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to damages.
It is important to file your mesothelioma lawsuit in a timely fashion however, it is important to consult an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Call a mesothelioma attorney in NYC to set up a free, no-obligation appointment. Your attorney can help you determine if you are qualified to receive financial compensation from an asbestos trust.
Damages
If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit could help your family recover losses. Compensation may cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and pain, loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts have dockets specialized for asbestos cases in order to speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases. In addition the judges who handle these cases are aware of the increased risk of asbestos exposure and are trained to ensure that justice is served.
According to a study that was conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare and fatal disease, however lawsuits filed against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
These lawsuits are designed to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages which are granted in addition to compensatory damages. They are designed to deter the defendant's actions in the future and deter others from taking part in a similar action.
However, Akron asbestos lawsuits gives defendants an opportunity to win their battle to stay out of punitive damages. Prior to this, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so outrageous that they must pay punitive damages in order to discourage others from following suit.
Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases can expect to be dismissed in a significant portion of their cases. This is because even if they get dismissed, they will need to incur legal fees to defend a case they did not merit to be involved in.
