Notes

7 Little Changes That Will Make A Big Difference With Your Asbestos Litigation
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 period of latency, is the second most common mesothelioma-related case in the United States in 2019.

Recent NYCAL decisions will have a profound effect on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focused on the defendant's fiber/cc test as well as expert reports putting any respirable exposure below an exposure threshold for ambient conditions.

Expert Testimony

New York asbestos lawyers rely heavily on expert witness testimony to prove their clients their claims. Asbestos litigation can be very expensive, and expert witness fees represent a significant proportion of the total costs. Lawyers for both sides could spend a lot of time prepping to interview an expert, while experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough research and vet possible experts prior to interviewing them. In the absence of this, it could result in a shaky Daubert Challenge and losing cases.

New York has a rich industrial past, and many workers have been exposed to asbestos that is toxic. Many of these workers have suffered asbestos-related illnesses, such as mesothelioma as well as lung cancer. Those who have suffered from these ailments can seek compensation from the companies who exposed them to asbestos.

Asbestos suits are common in New York and the judges are familiarized with the issues. The courts, for example expedite trials for seriously ill plaintiffs and combine cases when necessary to reduce trial costs. Additionally courts frequently review their discovery procedures to ensure that they are current and efficient.

In a case that is notable, Brown v. Fort Collins asbestos lawsuits youtube.com & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove causality. The case was re-argued by the defendants, and a ruling is expected in the near future.

The court's decision is likely to have a major impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with ads urging victims to bring asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges related to the millions he earned by the asbestos cases he directed to their firm.

In addition to these legal developments, New Yorkers should continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits have been on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can help you receive the compensation you deserve.

Asbestos exposure can cause serious diseases such as mesothelioma or lung cancer. These are serious diseases, and they have a long period of latency. This means that victims may not have started experiencing symptoms until 20 or 25 years after their first exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. In recent years the asbestos litigation scene has seen a number of major changes. The most significant change occurred in 2015 when the political establishment was shaken to the foundation following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He made millions of referral fees.

The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 following reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken charge of NYCAL. His rulings have placed a heavy burden on defendants, making it virtually impossible for them to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by denying the cumulative exposure theory that was prevalent in the litigation. Instead, it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against claims of speculative and fraudulent claims.

In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. This decision imposes plaintiffs with the obligation to prove that their illness was caused by specific linings and friction materials which were supplied by the defendant, not general exposure to asbestos in the workplace.

Causation


The defendants will need to demonstrate that asbestos caused the disease. There is a consensus that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires that plaintiffs prove specific exposure to products produced by certain defendants in order to be successful.

This is a challenging standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts have been unable to apply the principles of that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's evidence that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth.

Juni has placed a significant burden on defendants in NYCAL and may force them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the advantages of filing a suit and the options for restitution in the event that you are diagnosed with mesothelioma or other asbestos-related illnesses.

New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of 6percent of all national asbestos litigation. It is estimated that around 13,000 people have been diagnosed with mesothelioma within the state. The majority of patients were workers or contractors exposed to asbestos in industrial settings.

Symptoms of mesothelioma are not typically evident until between 25 and 50 years after exposure. Many asbestos patients are fighting for the compensation they deserve for medical expenses loss of wages, companionship loss, in addition to other damages.

It is important to file your mesothelioma suit promptly, but it is also vital to work with mesothelioma lawyers who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC to set up a free appointment, no-obligation. Your lawyer 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 can help your family recover losses. Compensation can cover medical bills, lost wages due to inability to work, home care expenses, mental stress and suffering, loss of quality funeral and burial costs, as well as other expenses. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. Your lawyer can then file a civil lawsuit before the statute of limitations expires in your state.

The courts are well-versed in asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They accelerate trials for terminally ill plaintiffs and also group similar cases together. Additionally the judges who decide these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure justice is served.

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

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

The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They had the possibility of huge judgments in the past on the basis that their conduct was so indecent that they had to pay punitive damages to discourage others from committing the same offense.

With the ruling in favor plaintiffs, it is likely that a lot of the companies named as defendants will be disqualified. Even if they are dismissed, they would still have to pay legal fees to defend a case that they did not deserve to be in.

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