The 10 Scariest Things About Asbestos Litigation

New York Asbestos Litigation

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

Recent NYCAL decisions are likely to 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 on the test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive and expert witness fees account for a significant percentage of the total costs. Lawyers for both sides could spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants carefully research and vet possible experts prior to interviewing them. Failure to do this can result in a failed Daubert Challenge and losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and lung cancer. People who have suffered from these conditions can recover compensation from the companies that exposed them to asbestos.

Asbestos lawsuits are an everyday event in New York, and judges are aware of the issues that arise. The courts, for instance speed up trials for terminally ill plaintiffs and consolidate cases when needed to reduce the cost of trial. Additionally courts frequently review their discovery procedures to make sure they are up-to-date and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove the causality. The defendants appealed the case, and the decision is expected to be made soon.

The court's decision is expected to impact asbestos litigation throughout New York. There are currently mesothelioma-specific law firms saturate the daytime with advertisements urging people to file asbestos lawsuits, promising giant settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges relating to the millions of dollars he earned from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must remain aware of the possibility of asbestos exposure at work and in their communities. Asbestos lawsuits are increasing and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These diseases are extremely serious and have a long latency time. This means that patients may not be experiencing symptoms until twenty or 25 years after their first exposure. There are steps that workers can take to reduce the risk of asbestos exposure and a subsequent illness. In recent years, the asbestos litigation landscape has seen a number of significant changes. In 2015 the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal charges of corruption. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.

The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amid 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 heavy burden on defendants, making it nearly impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, rejecting the cumulative exposure theory that was popular in the litigation, and insisting that plaintiffs prove specific causation through sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim to be false or speculative.

In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related condition and the particular products that they were exposed to. In this ruling, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings offered by the defendant, not general exposure to asbestos in the workplace.

Causation

The defendants will have to prove that asbestos caused the disease. The general consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products made by certain defendants for their claims to be considered valid.

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

Juni has placed a heavy burden on defendants and may make them settle their claims at less than they are entitled. A mesothelioma lawyer from NYC can explain the advantages of filing a lawsuit 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 the year 2019. It handled 6% of all national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of victims were contractors or employees exposed to asbestos in industrial settings.

The signs of mesothelioma aren't typically apparent until between 25 and 50 years after the initial exposure. Many asbestos victims are now battling to obtain the compensation they need to pay for medical expenses as well as lost wages, loss of companionship, and other damages.

While it is important to file a mesothelioma lawsuit promptly, it is also crucial to consult with a knowledgeable mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma lawyer from NYC today to schedule your free no-obligation consultation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or another asbestos-related disease A successful lawsuit can pay your family members for their losses. Compensation can cover medical bills as well as lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. After that, your lawyer will bring a lawsuit in civil court before the state's statute of limitations expires.

The courts have dockets that are specially designed for asbestos cases that streamline the process. They speed up trials for terminally ill plaintiffs and also group similar cases together. In addition, the judges handling these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is done.

According to a research study 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 deadly cancer that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.

In addition to compensating the victims of mesothelioma and the other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future, and discourage others from participating in a similar action.

The NYCAL decision gives defendants the chance to avoid punitive damage awards. They had the possibility of large judgments in the past in the belief that their conduct was so bad that they had to pay damages for punitive harm 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 large percentage of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be in.