This Week's Top Stories About Asbestos Litigation Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related disease with a long latency, is the second most common mesothelioma-related case in the United States in the year 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in a significant number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to support their clients claim. Asbestos litigation is expensive, and expert witness fees make up a significant portion of the total cost. Lawyers for both sides can spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants examine and verify potential experts prior to contacting them. Failure to do so can result in a failure of the Daubert contest and a loss of cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma or lung cancer. They can claim compensation from the companies who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For instance, courts expedite trials for terminally patients, and often consolidate cases to lower costs for trial. Additionally the courts are regularly reviewing their discovery procedures to make sure they are current and efficient.
In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by plaintiffs' experts were insufficient to establish causation in an asbestos case. The defendants appealed the decision and the decision is expected to be made soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads that urge victims to file asbestos lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges relating to the millions he earned by sending asbestos cases to their firm.
New Yorkers must continue to be vigilant in their workplaces and in their communities regarding asbestos exposure. Asbestos-related lawsuits are increasing and New York is one of top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure often leads to serious illnesses, such as mesothelioma and lung cancer. These diseases are agressive and have a long time of latency which means that patients may start feeling symptoms as recent as 20 or 25 years after the initial exposure. There are steps workers can take to prevent asbestos exposure and a subsequent illnesses. In recent years the asbestos litigation landscape has seen a number of significant changes. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. The longtime manager 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 following shake-up. His decisions have put a huge burden on defendants, making it virtually impossible for them to get summary judgment.
In Juni, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the cumulative exposure theory that was prevalent in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against claims of fraudulent and speculative claims.
In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related disease and the particular products that they were exposed to. In this decision, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant rather than general exposure to asbestos in the workplace.
Causation
The defendants will need to demonstrate that asbestos caused the disease. The consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires that plaintiffs demonstrate specific exposure to the products manufactured by certain defendants in order to be successful.
This is a challenging standard to achieve, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles of the 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 causality.
Juni has put a huge burden on defendants in NYCAL and may make them settle their claims for less than what they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.
New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. latest asbestos litigation was the sole handler of about 6% of the asbestos litigation in the nation. Up to 13,000 people have been diagnosed with the disease in New York. Most of the victims were workers or contractors exposed to asbestos in industrial applications.
The symptoms of mesothelioma don't typically apparent until 25 to 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they require for medical expenses loss of wages, companionship loss, among other damages.
While it is essential to file a mesothelioma lawsuit promptly, it is also crucial to consult with a knowledgeable mesothelioma attorney who can help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to schedule your free no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund.
Damages
If you suffer from mesothelioma, or another asbestos-related disease, a successful lawsuit may pay your family members for their losses. Compensation could pay for medical bills, income loss from being unable to work and home care expenses as well as pain and suffering, mental anguish, loss of quality of life, and funeral and burial costs. An experienced New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. Your lawyer will then bring a civil suit before the statute of limitations expires in your state.
The courts have specialized dockets for asbestos cases in order to speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases. Additionally the judges who decide these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure that justice is served.
According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.
In addition to remunerating the victims of mesothelioma and other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are designed to deter the defendant's actions in the future and discourage others from participating in a similar course of action.
The NYCAL decision gives defendants the chance to avoid punitive damages. They had the possibility of large judgments in the past, with the theory that their conduct had been so bad that they had to pay damages for punitive harm to deter other people from committing the same offense.
With the ruling in favor plaintiffs, it is expected that many of the companies that were named as defendants will be reprimanded. This is because even if they get dismissed, they will still be required to pay legal fees to defend a case they did not merit to be involved in.