What Are The Reasons You Should Be Focusing On Improving 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 prolonged latency.
Recent NYCAL decisions are likely to have a significant impact on the defense of asbestos lawyers lawsuits. These decisions could result in a significant number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can make up a an enormous portion of total cost of asbestos litigation. Lawyers for both sides can spend hours in preparation to confront an expert, while experts can charge thousands of dollars per day. For this reason, it is important for litigants to carefully study and evaluate potential experts in advance. In the absence of this, it could result in a failed Daubert Challenge or losing cases.
New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, including mesothelioma as well as lung cancer. People who have suffered from these conditions can recover compensation from the companies who exposed them to asbestos.
Asbestos suits are common in New York and the judges are well-versed in the subject. For instance, the courts speed up trials for terminally ill plaintiffs, and they often combine cases to cut down on trial expenses. In addition, courts regularly review their discovery procedures to ensure that they are current and efficient.
In one case of note, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements from plaintiffs experts were not sufficient to establish the causality in an asbestos case. The case was appealed by defendants, and a decision is expected to be issued soon.
The court's decision is likely to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with commercials urging victims to bring asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by sending asbestos cases to their firm.
In addition to these legal developments, New Yorkers need to remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits are on increase, and New York is among 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 lead to serious diseases such as mesothelioma or lung cancer. These diseases are extremely serious, and they have a long period of latency. This means that the victims may not have started developing symptoms until 20 or 25 years following their initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and future illness. In recent years the asbestos litigation landscape has seen a number of significant changes. The most significant change came in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm.
The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was replaced as the longtime manager of NYCAL docket in 2021 amidst reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken charge of NYCAL. His rulings have made it difficult for defendants to get summary judgement.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded that plaintiffs establish a specific causation with sufficient scientific expression from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against allegations that claims are speculative or fraudulent.
In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. This decision places plaintiffs with the responsibility to prove that their condition was caused by specific friction materials and linings which were supplied by the defendant, and not general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos contributed to the disease. There is a consensus that exposure to asbestos-containing substances can trigger mesothelioma and other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products manufactured by certain defendants in order for their claims to be successful.
This is a difficult standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove the requirements of causality specific to Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a lawsuit as well as your options for financial restitution if you are diagnosed with mesothelioma or any other asbestos-related illnesses.
New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of 6percent of all national asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma within the state. The majority of those affected have been workers or contractors who were exposed to asbestos because it was employed in industrial applications.
The symptoms of mesothelioma usually do not appear until 25 to 50 years after the initial exposure. Many asbestos patients are fighting to get the compensation they deserve to cover medical expenses, lost wages and companionship loss, in addition to damages.
While it is crucial to file a mesothelioma lawsuit in a timely manner, it is also crucial to consult with a knowledgeable mesothelioma lawyer who will help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney can discuss 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 help your family recover losses. Compensation could cover your medical bills, lost income from being unable to work or take care of your home as well as pain and suffering, mental anxiety and loss of quality of life and funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove 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 specialized for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Judges who handle these cases have been instructed to ensure justice and are aware of the higher risks associated with asbestos.
According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
In addition to compensating the victims of mesothelioma as well as other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. The lawsuits seek punitive damages, which are awarded in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar conduct in the future.
The NYCAL decision gives defendants hope that they can avoid punitive damage awards. Previously, they had been facing the prospect of huge 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 ruling in favor plaintiffs, it is likely that a lot of the companies that were named as defendants will be reprimanded. This is because even if they get dismissed, they will still have to spend money on legal costs to defend a case they didn't deserve to be involved in.