5 Laws That Anyone Working In Asbestos Litigation Should Be Aware Of

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 is the second most frequent mesothelioma patient in the country in 2019.

Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgement motions focusing on the defendant's fiber/cc test as well as expert reports putting any respirable exposure below an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation can be very expensive and expert witness costs account for a significant percentage of the total cost. Lawyers for both sides can spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. This is why it is crucial for litigants to thoroughly research and vet potential experts prior to their appointment. Failure to do so can result in a sham Daubert challenge and lost cases.

New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related diseases, such as mesothelioma and cancer of the lung. They can seek compensation from the companies who exposed them to asbestos.

asbestos law & litigation lawsuits are a regular in New York, and judges are familiar with the issues involved. For example, the courts expedite trials for terminally patients, and often combine cases to cut down on the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to make sure 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 from plaintiffs' experts were insufficient to establish the causation in asbestos cases. The case was re-argued by defendants, and a ruling is expected in the near future.

The court's ruling is expected to have an impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding daytime television with commercials which encourage asbestos victims to file lawsuits, promising massive 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 relating to the millions of dollars he earned from directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers need to continue to be alert to asbestos exposure in their work environments and communities. Asbestos-related lawsuits are 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 compensation you're due.

asbestos litigation cases exposure can lead to serious diseases, including mesothelioma and lung cancer. These diseases are extremely serious and have a long latency time. This means that patients may not have started experiencing 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 illness. A number of major changes have taken place in the asbestos litigation scene in recent years. In 2015, the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal corruption charges. Silver's corruption convictions stemmed from his secretly working for 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. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Following 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 savage dose of reality, renouncing the cumulative-exposure theory that was becoming popular in the litigation, and requiring plaintiffs to prove specific causation through sufficient scientific explanation by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be false or speculative.

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 products they were exposed to. This decision places plaintiffs with the obligation to prove that their illness was caused by the specific linings and friction materials which were supplied by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants must prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing materials is a cause of mesothelioma and other diseases, however, the law requires plaintiffs to establish specific exposure to products manufactured by specific defendants in order to be successful in their claims.

This is a tough standard to meet, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles outlined in 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 products for friction that contained latest asbestos litigation was not enough to prove specific causality under Nemeth.

Juni has placed a huge burden on defendants and could force them to settle their claims for a lower amount than they are entitled. A mesothelioma attorney in NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and handles about 6% of the national asbestos litigation wiki litigation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims are contractors or workers who were exposed to asbestos when it was used in industrial applications.

The symptoms of mesothelioma don't typically evident until 25 to 50 years after exposure. Many asbestos victims are now fighting to get the compensation they require to cover medical costs, lost wages, loss of companionship and other damages.

While it is crucial to file a mesothelioma lawsuit promptly but it is also essential to partner with a seasoned mesothelioma lawyer who will help you pursue the maximum financial restitution possible. Contact a mesothelioma lawyer from NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos-related illness, a successful lawsuit could pay your family members for their losses. Compensation could cover medical expenses as well as lost wages due to inability to work, asbestos litigation home care expenses, asbestos litigation mental stress and suffering, loss of quality funeral and burial costs, as well as other expenses. An experienced New York asbestos lawyer will look into the responsible parties to gather evidence and prove your claim. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.

The courts are familiar with asbestos lawsuits and have dockets specifically designed to speed up the process. They speed up trials for plaintiffs who are terminally ill and group similar cases together. In addition, the judges handling these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure that justice is done.

According to a study that was conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.

These lawsuits are designed to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future, and discourage others from participating in a similar action.

However the NYCAL decision gives defendants a glimmer of hope in their struggle to stay clear of punitive damages. In the past, they been facing the prospect of huge judgments in these cases, according to the popular belief that their conduct was so indefensible that they must pay punitive damages to prevent others from following their lead.

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