Notes

How The 10 Most Disastrous Asbestos Litigation-Related FAILS Of All Time Could Have Been Prevented
New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency times.

Recent NYCAL decisions will have a profound effect on the defense of asbestos suits. These decisions could result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports placing any respirable exposure under the threshold of exposure to ambient air.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be very expensive, and expert witness fees represent a significant proportion of the total cost. Both sides can devote hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to thoroughly research and vet potential experts prior to their appointment. Failure to do this could result in a failed Daubert contest and a loss of cases.

New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. Anyone who has suffered from these ailments can recover compensation from the companies that exposed them to asbestos.

Asbestos suits are common in New York and the judges are familiarized with the issues. For instance, courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to lower costs for trial. In addition the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and efficient.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causality. The defendants appealed the decision and a decision is expected soon.

YouTube is expected to impact asbestos litigation in New York. The mesothelioma lawyers are bombarding daytime television with commercials that encourage asbestos victims to file lawsuits, promising huge 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 in relation to the millions he earned by the asbestos cases he directed to their firm.

New Yorkers should continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos-related lawsuits are on the rise and New York is one of the top jurisdictions for mesothelioma cases.

Summary Judgment

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

Asbestos exposure can lead to serious diseases like mesothelioma or lung cancer. These diseases are aggressive and have a long time of latency which means that the victims could only have begun suffering from symptoms as recently as 20 or 25 years after their initial exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of illnesses. Several major changes have occurred in the asbestos litigation scene in recent years. The most significant change occurred in 2015 in which the New York political establishment was shaken to its core by the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.

The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 amidst reports that she had given the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it difficult for defendants to get the benefit of a summary judgement.


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 calling for plaintiffs to establish specific causation by proving it through scientific explanation by their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against allegations of fraudulent and speculative claims.

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

Causation

The defendants will have to prove that asbestos caused the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma and other diseases, but the law requires plaintiffs to prove specific exposure to products manufactured by specific defendants in order to prevail on their claims.

This is a difficult standard to meet, especially in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have been unable to apply the principles outlined in that case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to friction products containing asbestos was not sufficient under Nemeth to satisfy specific causation.

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

New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019, and it handles 6% of national asbestos litigation. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos when it was employed in industrial applications.

Symptoms of mesothelioma are not typically apparent until between 25 and 50 years after the initial exposure. Many asbestos victims are now fighting for the compensation they require to cover medical expenses, lost wages, loss of companionship, and other damages.

While it is crucial to make a mesothelioma claim in a timely manner but it is also essential to consult with a knowledgeable mesothelioma lawyer who will assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to set up a free, no-obligation consultation. Your lawyer can assist you determine if you are qualified for financial compensation from an asbestos trust.

Damages

If you suffer from mesothelioma, or another asbestos-related disease A successful lawsuit can compensate your family for your losses. Compensation could cover your medical bills, income loss from being unable or take care of your home as well as pain and suffering mental anguish and loss of quality of life and funeral and burial expenses. An experienced New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. After that, your lawyer can bring a lawsuit in civil court before your state's statute of limitations runs out.

The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases. In addition the judges who handle these cases are aware of the heightened risk of asbestos exposure and are trained to ensure justice is done.

According to a research 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 form of cancer, is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits seek to penalize corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related illnesses. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar conduct in the future.

However, the NYCAL decision gives defendants an opportunity to win their battle to stay clear of punitive damages. Previously, they had faced the possibility of huge judgments in these cases according to the prevalent view that their conduct was so outrageous that they should be forced to pay punitive damages in order to discourage others from following suit.

Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases can expect to be dismissed in a substantial portion of their cases. Even if they are dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be in.

Homepage: https://www.youtube.com/watch?v=GjKQXRAFduU