The Three Greatest Moments In Asbestos Litigation History
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long latency, is the second most prevalent mesothelioma case nationwide in the year 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in a number of summary judgment motions based on the asbestos defendant's tests for fiber/cc as well as expert reports that place any respirable exposure under an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to back up their client's claims. Expert witness fees can account for a large percentage of the total cost of asbestos litigation. Lawyers for both sides could spend hours prepping to interview an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully research and vet possible experts in advance. If they don't, it could result in a failed Daubert Challenge and losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related diseases, such as mesothelioma and cancer of the lung. They may seek compensation from the companies who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are familiarized with the issues. For instance, the courts expedite trials for terminally sick plaintiffs, and they often combine cases to cut down on costs for trial. The courts also regularly review their discovery process to ensure that it is effective and up-to-date.
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 not sufficient to establish the causality in an asbestos case. The defendants filed an appeal and a decision is expected soon.
The court's decision is likely to have a profound impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms saturate the daytime with advertisements urging people to bring asbestos lawsuits, promising massive settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of 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 should remain aware of the possibility of asbestos exposure in their work environments and communities. Asbestos lawsuits are on rise and the state is one of the most sought-after jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos lawyer can assist you in obtaining the settlement you're entitled to.
Asbestos exposure is often the cause of serious diseases, such as mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could start suffering from symptoms as recently as 20 or 25 years after their first exposure. There are steps that workers can take to avoid asbestos exposure and the development of a future disease. There have been a number of significant changes in the asbestos litigation environment in recent years. The most significant change occurred in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working for the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.
The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have made it difficult for defendants to obtain summary judgement.
In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, rejecting the cumulative exposure theory that had become fashionable in the court case and insisting that plaintiffs prove specific causation by proving it through scientific expression by their experts. Plymouth asbestos attorneys gives New York asbestos attorneys a strong argument against claims that claim they are false or speculative.
In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. In this ruling plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The most difficult challenge facing asbestos defendants is the need to prove causation. The consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However, the law requires plaintiffs prove specific exposure to products manufactured by certain defendants in order to be successful.
This is a challenging standard to achieve, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years 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), ruled that an expert's evidence that plaintiff "regularly" exposed himself to friction products containing asbestos was not enough to satisfy the requirements of causality specific to Nemeth.
Juni has placed a significant burden on defendants in NYCAL and could make them settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit as well as the options for restitution financial if you are diagnosed with mesothelioma or any other asbestos-related diseases.
New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019, and it handles 6% of national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were contractors or employees exposed to asbestos in industrial settings.
The symptoms of mesothelioma don't usually evident until 25 to 50 years after the initial exposure. Many asbestos victims are fighting to receive the compensation they need to cover medical expenses as well as lost wages and companionship loss, in addition to other damages.
It is crucial to file your mesothelioma suit in a timely fashion however, it is essential to work with an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Call a mesothelioma attorney in NYC to schedule a free appointment, no-obligation. Your attorney will be able to discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit can help your family recover losses. Compensation may cover medical bills and lost wages resulting from inability to work, home-care expenses, mental anguish and pain loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will investigate the responsible parties to gather evidence and support your claim. After that, your lawyer will bring a lawsuit in civil court before your state's statute of limitations runs out.
The courts have dockets specialized for asbestos cases to streamline the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. In addition the judges who decide these cases are aware of the higher risk of asbestos exposure and are trained to ensure that justice is done.
According to a research 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 form of cancer is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits aim to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar conduct in the future.
The NYCAL decision gives defendants the chance to stay clear of punitive damages. They were in danger of huge judgments in the past, on the basis that their conduct was so bad that they would have to pay damages for punitive harm to deter other people from following suit.
With the decision in favor of plaintiffs, firms named as defendants in NYCAL cases could be dismissed in a substantial proportion of their cases. This is because even if they're dismissed, they'll have to spend money on legal fees to defend a case that they did not deserve to be involved in.