What Is Asbestos Litigation? Heck What Is 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 are expected to have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in a large number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that place any exposure that can be deemed respirable below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to support their clients claim. Asbestos litigation can be very expensive, and expert witness fees account for a significant percentage of the total cost. Both sides can devote hundreds of hours in preparation to question an expert. Experts can charge thousands of dollar per day. This is why it is important for litigants to carefully study and evaluate potential experts prior to their appointment. If they don't, it could result in a failed 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 illnesses, such as mesothelioma and cancer of the lung. People who have been affected by these diseases are entitled to compensation from companies that exposed them to asbestos.

asbestos lawsuits (Read More Here) are a regular occurrence in New York, and judges are familiar with the issues that arise. For instance, courts speed up trials for ill plaintiffs, and they often consolidate cases to lower the cost of trial. The courts also regularly review their discovery process to ensure that it is effective and up-to-date.

In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory cumulative exposure statements by plaintiffs' experts were insufficient to establish the causality in an asbestos case. The case was then appealed by defendants, and a decision is expected in the near future.

The court's decision is likely to have an impact on asbestos litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with ads urging victims to file asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs' attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he made by sending asbestos cases to their firm.

In addition to these legal developments, New Yorkers must continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the rise and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can assist you in obtaining the settlement you're due.

Asbestos exposure can lead to serious diseases, including mesothelioma and cancer of the lung. These diseases are aggressive and have a long latency period, meaning that victims may be suffering from symptoms as recently as 20 or 25 years after the initial exposure. Fortunately, there are ways for workers to protect themselves against asbestos exposure and prevent future illnesses. There have been a number of significant changes in the asbestos litigation landscape in recent years. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's convictions for corruption stemmed from his secret moonlighting at 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 long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 following reports that she provided the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the reigns of NYCAL. His rulings have placed a significant burden on defendants, making it nearly impossible for them to obtain summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative exposure theory that had become fashionable in the court case and insisting that plaintiffs prove the causation of their claims with sufficient scientific expression by their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be fraud or speculative.

In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. In this case, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings offered by the defendant, rather than general workplace exposure to asbestos.

Causation

The biggest challenge for defendants in asbestos attorney cases 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 demonstrate specific exposure to the products made by certain defendants for their claims to be considered valid.

This is a challenging standard to achieve, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of this case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to establish a specific causality.

Juni has placed a heavy burden on defendants and may make them pay less than what they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit as well as your options for restitution financial if you are diagnosed with mesothelioma, or other asbestos-related diseases.

New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It handled 6% of all national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. The majority of victims were contractors or employees exposed to asbestos in industrial settings.

The symptoms of mesothelioma usually don't manifest until between 25 to 50 after the initial exposure. Many asbestos victims are fighting for the compensation they need for medical expenses as well as lost wages and companionship loss, in addition to other damages.

It is essential to file your mesothelioma suit in a timely manner, but it is also essential to work with an attorney for mesothelioma who can assist you in seeking the most monetary restitution. Call a mesothelioma attorney in NYC to schedule a free, no-obligation appointment. Your attorney can help you determine if you're eligible to receive financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma or another asbestos-related disease, a successful lawsuit could 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, and other costs. A seasoned New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. After this, your lawyer may start a civil lawsuit in court before the state's time limit expires.

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 group similar cases. In addition the judges who decide these cases are aware of the higher dangers associated with asbestos lawsuit exposure and are trained to ensure justice is done.

According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits aim to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages which are granted in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future and discourage others from participating in the same course of action.

However, the NYCAL decision provides defendants with the chance to have a shot of hope in their fight to avoid punitive damages awards. In the past, they been facing the prospect of huge judgments in these cases, according to the popular belief that their conduct was so egregious that they had to 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 significant portion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case they did not deserve to be in.