25 Surprising Facts About 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 period, is the second most prevalent mesothelioma case nationwide in the year 2019.
Recent NYCAL decisions are expected to have a significant impact on the defense of asbestos lawsuits. These decisions could result in a number of summary judgment motions based on the test results of the defendant's fiber/cc and 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 expert witnesses to prove their clients' claims. Asbestos litigation is expensive and expert witness costs account for a significant percentage of the total costs. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants conduct thorough study and evaluate potential experts in advance. If they don't, it could result in a failure of the Daubert Challenge and losing cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related illnesses, such as mesothelioma and lung cancer. People who have suffered from these conditions are entitled to compensation from companies who exposed them to asbestos.
Asbestos suits are quite common in New York and the judges are knowledgeable about the issue. The courts, for example speed up trials for seriously ill plaintiffs and combine cases when necessary to cut down on trial costs. In addition, courts regularly review 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 statements of exposure cumulatively made from plaintiffs' experts were insufficient to establish the causality in an asbestos case. The case was then appealed by the defendants, and a ruling is expected to be issued soon.
The court's decision is expected to have an impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with ads urging victims to make asbestos lawsuits and promise huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he earned by directing asbestos cases to his firm.
New Yorkers should continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos 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 is often the cause of serious diseases, such as mesothelioma and lung cancer. These are serious diseases and have a long time to develop. This means that victims may not have started developing symptoms until 20 or 25 years after the initial exposure. Fortunately, there are steps that workers can take to safeguard themselves from asbestos exposure and avoid a recurrence of illness. A number of major changes have taken place in the asbestos litigation landscape in recent years. The most significant change occurred in 2015, when New York's political establishment was shaken to the core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He utilized this to earn millions in referral fees.
The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the charge of NYCAL. 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 an ominous dose of reality, rejecting the theory of cumulative exposure that was popular in the litigation. Instead it required that plaintiffs establish specific causation with sufficient scientific expression from their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against claims that claim to be speculative or fraudulent.
In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal connection between asbestos-related illnesses and the products to which they were exposed. In this ruling plaintiffs must demonstrate that their asbestos-related condition was caused by specific friction materials or linings provided by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos contributed to the disease. The consensus is that exposure to asbestos-containing substances can trigger mesothelioma and other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products produced by certain defendants in order to be successful.
This is a challenging standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from the case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff "regularly" exposed himself to products for friction that contained asbestos was not enough to prove the requirement of specific causality under Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and could make them settle their claims for less than they are entitled to. A mesothelioma attorney in NYC can explain the benefits of filing a suit and the options for restitution in the event that you're diagnosed with mesothelioma or any other asbestos-related illnesses.
New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 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. Most of the victims were contractors or employees exposed to asbestos lawyers in industrial applications.
The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they deserve for medical expenses as well as lost wages and companionship loss, among other damages.
It is important to file your mesothelioma lawsuit in a timely manner, but it is also essential to work with a mesothelioma lawyer who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to schedule a free no-obligation consultation. Your lawyer can help you determine your eligibility for financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or a similar asbestos-related condition A successful lawsuit could help your family recover losses. Compensation could pay for medical bills, lost income due to being unable to work, 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 investigate the responsible parties and collect evidence to support your claims. After that, your lawyer can 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 put similar cases together. Additionally the judges who decide 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 nation's hub for asbestos lawyers litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.
In addition to compensating the victims of mesothelioma and the other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future.
However, the NYCAL decision gives defendants an opportunity to win their battle to stay clear of punitive damages. Previously, they had faced the prospect of massive judgments in these cases, according to the popular belief that their conduct was so indefensible that they should be forced to pay punitive damages to deter others from following their lead.
With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases are likely to be dismissed in a substantial percentage of their cases. This is because even if they're dismissed, they will need to incur legal fees to defend a case that they did not deserve to be involved in.