Are You Responsible For An Asbestos Litigation Budget? 10 Unfortunate …

New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related illness with prolonged latency.

Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions will likely result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports putting any respirable exposure below an ambient exposure threshold.

Expert Testimony

New York asbestos lawyers; similar web site, rely heavily on expert witness testimony to support their clients their claims. Asbestos litigation is expensive and expert witness costs make up a significant portion of total case costs. Lawyers on both sides could spend hundreds of hours in preparation to question an expert, while experts can charge thousands of dollars per day. This is why it is crucial for litigants to thoroughly study and evaluate potential experts in advance. Failure to do so can result in a sham Daubert challenge or losing cases.

New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related diseases, including mesothelioma or lung cancer. People who have suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.

Asbestos lawsuits are an everyday occurrence in New York, and judges are familiar with the issues that arise. The courts, for instance speed up trials for terminally ill plaintiffs and consolidate cases when necessary to cut down on the cost of trial. In addition courts frequently review their discovery procedures to ensure they are current and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove causation. The case was re-argued by defendants, and a decision is expected soon.

The court's decision is expected to have a profound impact on asbestos litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with advertisements urging people to make asbestos lawsuits and promise huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by directing asbestos cases to their firm.

In addition to these legal developments, New Yorkers should continue to be alert to asbestos exposure in their work environments and communities. Asbestos lawsuits are on the rise and New York is among the the top jurisdictions for mesothelioma cases.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the compensation that you deserve.

Asbestos exposure can cause serious diseases like mesothelioma or lung cancer. These diseases are agressive and have a long latency period which means that the victims could start suffering from symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and a subsequent illnesses. In recent years the asbestos litigation scene has undergone several significant changes. The most significant change came in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He made millions in referral fees.

The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amidst reports that she had provided the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. In the aftermath of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His rulings have put a huge burden on defendants, making it almost impossible for them to get summary judgment.

In Juni, the Court of Appeals dealt NYCAL with a savage dose of reality, rejecting the cumulative-exposure theory that had become fashionable in the litigation, and insisting that plaintiffs prove specific causation by proving it through scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against claims that claim they are speculative or fraudulent.

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 particular products that they were exposed to. In this ruling plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, not general workplace exposure to asbestos.

Causation

The defendants will need to demonstrate that asbestos caused the disease. The consensus is that exposure to asbestos-containing materials can cause mesothelioma or other diseases. However the law requires plaintiffs to prove specific exposure to products produced by certain defendants for their claims to be considered valid.

This is a tough standard to meet, especially in NYCAL where only one 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, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy a specific causality.

Juni has put a huge burden on defendants in NYCAL and could oblige them to settle their claims for less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a suit and the options for financial restitution if you are diagnosed with mesothelioma, or other asbestos-related illnesses.

New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and handles 6% of national asbestos lawsuit litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma within the state. The majority of victims were contractors or employees exposed to asbestos in industrial applications.

The signs of mesothelioma typically don't manifest until between 25 to 50 years after the initial exposure. Many asbestos victims are fighting to receive the compensation they deserve for medical expenses loss of wages, companionship loss, among other damages.

It is crucial to file your mesothelioma suit promptly however, it is vital to work with an attorney for mesothelioma who can help you seek the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your attorney can discuss your rights to financial restitution from an asbestos trust fund.

Damages

If you suffer from mesothelioma or any other asbestos-related illness A successful lawsuit could help your family recover losses. Compensation can cover medical bills, lost income due to 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 expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. After that, your lawyer can bring a lawsuit in civil court before your state's statute of limitations expires.

The courts are familiar with asbestos lawsuits, and they have dockets that are specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges who are handling these cases have been instructed to ensure justice and are aware of the increased risk of asbestos exposure.

According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have led to compensation for victims.

These lawsuits are designed to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future, and discourage others from taking part in a similar action.

However the NYCAL decision offers defendants a glimmer of hope in their battle to stay clear of punitive damages. Prior to this, they been facing the prospect of huge judgments in these cases with the prevailing theory that their conduct was so outrageous that they should be forced to pay punitive damages in order to discourage others from following their lead.

Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a substantial percentage of their cases. This is because even if they're dismissed, they will be required to pay legal costs to defend a case that they did not deserve to be involved in.