The Ugly The Truth 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-related cancer with a long period of latency is the second most common mesothelioma case nationwide in 2019.

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions could result in a number of summary judgment motions based on asbestos defendant's tests for fiber/cc as well as expert reports that place any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients claim. Asbestos litigation is expensive and expert witness costs account for a significant percentage of the total cost. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants conduct thorough examine and verify potential experts prior to interviewing them. 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 diseases, such as mesothelioma and cancer of the lung. People who have suffered from these ailments can recover compensation from the companies who exposed them to asbestos.

Asbestos lawsuits are a common in New York, and judges are aware of the issues involved. The courts, for instance speed up trials in cases of patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also periodically review their discovery procedure to ensure that they are efficient and up-to-date.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not prove causation. The case was appealed by the defendants, and a ruling is expected in the near future.

The court's decision is likely to impact asbestos litigation throughout New York. Currently, specialized mesothelioma law firms fill the air with commercials urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by directing asbestos cases to their firm.

New Yorkers should continue to be aware in their workplaces and in their communities regarding asbestos exposure. Asbestos lawsuits are on the rise, and New York is among the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can help you receive the compensation you deserve.

Asbestos exposure often leads to serious illnesses, such as mesothelioma and cancer of the lung. These diseases are aggressive and have a long latency period which means that the victims could start experiencing symptoms as recently as 20 or 25 years after their first exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and avoid a recurrence of illness. In recent years, the asbestos litigation landscape has seen major changes. The most significant development came in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. 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 longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she had given the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His rulings have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the theory of cumulative exposure that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This decision provides New York asbestos defense attorneys the ability to defend against claims of speculative and fraudulent claims.

In Reid v Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish a specific causal link between their asbestos-related condition and the specific substances they were exposed to. In this decision, plaintiffs are required to demonstrate that their asbestos-related condition was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.

Causation

The defendants must demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials causes mesothelioma and various other diseases, but the law requires plaintiffs to establish specific exposure to certain products made by particular defendants in order to be successful in their claims.

This is a tough standard to meet, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of this case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's evidence that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not enough to satisfy the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants and may make them pay a lower amount than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing a suit and the options for restitution in the event that you're diagnosed with mesothelioma or other asbestos-related diseases.

New York State was the second most popular state for mesothelioma suits in 2019. It handled about 6% of the national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. The majority of the victims are contractors or workers who were exposed to asbestos lawsuit when it was being employed in industrial applications.

The signs of mesothelioma generally are not evident until the age of 25 to 50 after the initial exposure. Many asbestos victims are now fighting for the compensation they require to cover medical costs and lost wages, as well as loss of companionship, and other damages.

While it is crucial to make a mesothelioma claim in a timely manner but it is also essential to work with an experienced mesothelioma attorney who can help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC today to schedule a free, no-obligation consultation. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation may cover medical bills, 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 costs. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. After this, your lawyer may file a lawsuit in civil court before the statute of limitations runs out.

The courts are well-versed in asbestos lawsuits and have specialized dockets to help simplify the process. They speed up trials for terminally ill plaintiffs and also group similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the increasing risk of asbestos Lawsuit exposure.

According to a study conducted recently, New York City is the national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare and incurable disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

In addition to compensating the victims of mesothelioma and other asbestos-related illnesses the lawsuits aim at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and deter others from participating in a similar action.

The NYCAL decision gives defendants the chance to avoid punitive damages. Previously, they had 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 to prevent others from committing the same crime.

With the ruling in favor of plaintiffs, it is likely that many of the companies that were named as defendants will be disqualified. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case that they did not deserve to be in.