15 Current Trends To Watch For Asbestos Litigation

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long latency, is the second most prevalent mesothelioma case nationwide in the year 2019.

Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motion practice focused on the defendant's fiber/cc test and expert reports placing any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can account for significant proportion of total costs involved in asbestos litigation. Lawyers for both sides could spend a lot of time in preparation to confront an expert, and experts can charge thousands of dollars per day. For this reason, it is essential for litigants to examine and verify potential experts prior to their appointment. Failure to do this can result in a failure of the Daubert Challenge and lost cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. Those who have suffered from these ailments can seek compensation from the companies that exposed them to asbestos.

Asbestos lawsuits are a regular occurrence in New York, and judges are aware of the issues involved. For instance, courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to reduce the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and efficient.

In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs experts were not sufficient to establish causation in an asbestos case. The case was re-argued by defendants, and a decision is expected soon.

The court's decision is expected to have an impact on asbestos litigation throughout New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that encourage asbestos victims to file suits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' lawyers who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he made by directing asbestos cases to his firm.

New Yorkers must continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the amount of compensation you are due.

Asbestos exposure could lead to serious diseases like mesothelioma and lung cancer. These diseases are extremely serious and have a long time to develop. This means that victims might not be suffering from symptoms until 20 or 25 years following the initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of illnesses. In recent years the asbestos lawsuit litigation landscape has seen 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 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 new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amid reports that she had provided the "red carpet treatment" to asbestos lawsuit claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it more difficult for defendants to obtain summary judgment.

In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality by denying the theory of cumulative exposure that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causation using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are speculative or fraudulent.

In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to establish a causal connection between asbestos-related illnesses and the products to which they were exposed. In this decision plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The biggest challenge for asbestos defendants is the need to prove causation. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and various other diseases, however, the law requires plaintiffs to establish the specific exposure to products produced by particular defendants in order to prevail on their claims.

This is a challenging 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 been unable to apply the principles of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to satisfy specific causality under Nemeth.

Juni has placed a significant 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 a suit and the options for financial restitution if you're diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019, and it handles 6% of national asbestos lawyers litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. The majority of victims were contractors or workers exposed to asbestos in industrial applications.

The signs of mesothelioma typically don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are fighting for the compensation they deserve to cover medical expenses loss of wages, companionship loss, among other damages.

While it is essential to start a mesothelioma lawsuit promptly, it is also crucial to consult with a knowledgeable mesothelioma attorney who can assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or any other asbestos-related illness, 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 stress and pain loss of quality funeral and burial costs, as well as other costs. A seasoned New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state.

The courts are familiar with asbestos lawyers lawsuits, and they have specialized dockets to help simplify the process. They accelerate trials for plaintiffs with terminal illnesses and also group similar cases together. Additionally the judges who handle these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure that justice is done.

According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by 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.

These lawsuits are designed to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are intended to discourage the defendant's behavior in the future and deter others from engaging in a similar action.

However, the NYCAL decision provides defendants with the chance to have a shot of hope in their battle to stay out of punitive damages. In the past, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so outrageous that they should be forced to pay punitive damages to prevent others from committing the same crime.

Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases can expect to be dismissed in a substantial proportion of their cases. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be involved in.