Why No One Cares About Asbestos Litigation
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has long latency periods.
Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports that place any respirable exposure below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Expert witness fees can be a an enormous portion of total cost of asbestos litigation. Both sides could spend hundreds of hours in preparation to question an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough study and evaluate potential experts prior to interviewing them. In the absence of doing so, it could result in a sham 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 have been diagnosed with asbestos-related illnesses, such as mesothelioma and lung cancer. They may seek compensation from the businesses who exposed them to asbestos.
Asbestos lawsuits are a regular occurrence in New York, and judges are well-versed in the issues involved. For example, the courts speed up trials for terminally ill plaintiffs, and they often consolidate cases to lower trial expenses. The courts also examine their discovery procedures to ensure that it is effective and current.
In one notable case, Brown v. Weitz & Luxenberg in which 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 re-argued by defendants, and a ruling is expected in the near future.
The court's decision is likely to have a profound impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he earned by directing asbestos cases to his firm.
New Yorkers must continue to be aware in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits have been on the rise and New York is among the the top jurisdictions for mesothelioma cases.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you deserve.
Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and lung cancer. These diseases are extremely serious, and they have a long period of latency. This means that victims may not be developing symptoms until 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future disease. In recent years the asbestos litigation landscape has seen major changes. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver on federal charges of corruption. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees.
The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions have made it difficult for defendants to get summary judgment.
In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative exposure theory that was popular in the court case and insisting that plaintiffs prove specific causation through sufficient scientific explanation by 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 lawyers support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related illness and the specific products 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 supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The defendants must prove that asbestos contributed to the disease. It is generally accepted that exposure to asbestos-containing materials is a cause of mesothelioma, among other diseases, however, the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants in order to prevail on 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 that have passed since Parker, New York courts struggle to apply the rules from the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.
Juni has imposed a substantial burden on defendants in NYCAL and may force them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing suit and your options to receive financial compensation if you have been diagnosed with mesothelioma.
New York State was the second most popular state for mesothelioma suits in the year 2019. It was the sole handler of about 6% of the asbestos litigation across the country. It is estimated that around 13,000 people have been diagnosed with mesothelioma in the state. Most of the victims were contractors or workers exposed to asbestos in industrial applications.
Symptoms of mesothelioma are not usually evident until 25 to 50 years after exposure. Many asbestos victims are fighting to receive the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.
While Montgomery asbestos attorneys is important to start a mesothelioma lawsuit promptly but it is also essential 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 attorney in NYC today to schedule your free no-obligation consultation. Your attorney can help determine if you're eligible to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma, or another asbestos-related disease A successful lawsuit can compensate your family for your losses. Compensation could cover medical expenses, lost wages due to inability to work, home care expenses, mental stress and suffering, loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After this, your lawyer may file a lawsuit in civil court before your state's time limit expires.
The courts are familiar with asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They speed up trials for terminally ill plaintiffs and 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 study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to dangerous 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 punishing corporate wrongdoers. These lawsuits seek punitive damage awards in addition to compensatory damages. The lawsuits are meant to deter the defendant from engaging in similar conduct in the future.
However, the NYCAL decision provides defendants with an opportunity to win their struggle to stay out of punitive damages. Previously, they had faced the prospect of massive judgments in these cases, according to the prevalent view that their conduct was so outrageous that they must pay punitive damages to deter others from following their lead.
Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a large portion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case they didn't deserve to be involved in.