Notes

Why Nobody Cares About Asbestos Litigation
New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a serious asbestos-related cancer with a long period of latency is the second most common mesothelioma-related case in the United States in the year 2019.


Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions are likely to result in a number of summary judgment motions based on the test results of the defendant's fiber/cc and expert reports that place any exposure that is deemed to be respirable under an exposure threshold in the ambient.

nyc asbestos litigation on the testimony of expert witnesses to back up their client's claims. Asbestos litigation can be very expensive and expert witness fees represent a significant proportion of total case costs. Lawyers for both sides could spend hundreds of hours in preparation to question an expert, and experts can charge thousands of dollars per day. Therefore, it is essential for litigants to carefully examine and verify potential experts prior to hiring them. Failure to do so can result in a failure of the Daubert challenge or losing cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and cancer of the lung. People who have suffered from these ailments 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. The courts, for example expedite trials in cases of patients who are terminally ill and consolidate cases when necessary to reduce trial costs. The courts also review their discovery process to ensure that it is effective and current.

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

The court's decision is likely to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms pepper daytime TV with advertisements urging people to bring asbestos lawsuits, promising massive settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he earned from directing asbestos cases towards his firm.

In addition to these legal developments, New Yorkers must remain vigilant about possible asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are on the rise and New York is one of top jurisdictions in mesothelioma verdicts.

Summary Judgment

A New York asbestos lawyer can help you obtain the compensation you're entitled to.

Asbestos exposure is often the cause of serious diseases, such as mesothelioma and lung cancer. These are serious diseases and have a long latency time. This means that victims may not have started experiencing symptoms until 20 or 25 years after the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of disease. In recent years the asbestos litigation scene has undergone several major changes. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which employed him to earn 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. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she gave the "red-carpet treatment" to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have placed a heavy burden on defendants, making it virtually impossible for them to get summary judgment.

In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing 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. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim to be speculative or fraudulent.

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

Causation

The defendants must demonstrate that asbestos caused the disease. It is generally accepted that a person's exposure to asbestos-containing materials causes mesothelioma and various other illnesses, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants in order to prevail on their claims.

This is a difficult standard to achieve, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from the case. In 2016, for instance, 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 specific causation.

Juni has imposed a substantial burden on defendants in NYCAL and may force them to settle their claims for less than what they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing a suit and the options for financial compensation if have been diagnosed with mesothelioma.

New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019, and it handles about 6% of the national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or employees who were exposed to asbestos as it was used in industrial applications.

The symptoms of mesothelioma don't typically evident until 25 to 50 years after the initial exposure. Many asbestos victims are fighting for 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 lawsuit in a timely manner, but it is also essential to work with a mesothelioma lawyer who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer in NYC today to schedule your free no-obligation consultation. Your attorney can discuss your eligibility for financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma, or another asbestos-related disease, a successful lawsuit may pay your family members for their losses. Compensation may cover medical bills as well as lost wages due to inability to work, home care expenses, mental anguish and suffering loss of quality funeral and burial costs, and other costs. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After that, your lawyer can file a lawsuit in civil court before the state's statute of limitations expires.

The courts are well-versed in asbestos lawsuits and have dockets that are specifically designed to simplify the process. They expedite trials for terminally-ill plaintiffs and group similar cases. The judges who are handling these cases have been trained to ensure justice and are aware of the higher risk of asbestos exposure.

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

In addition to compensating the victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar behavior in the future.

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They were in danger of large judgments in the past in the belief that their conduct had been so egregious, that they would have to pay damages for punitive harm to deter other people from committing the same offense.

Now, with the ruling in favor of plaintiffs, companies named as defendants in NYCAL cases could be dismissed in a large proportion of their cases. This is because even if they get dismissed, they'll be required to pay legal costs to defend a case they didn't deserve to be involved in.

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