Notes

What The 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 serious illness that has long latency periods.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions will likely result in a significant number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that put any respirable exposure under an ambient exposure threshold.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation can be extremely expensive and expert witness fees account for a significant percentage of the total costs. Lawyers for both sides could spend a lot of time prepping to interview an expert, and experts can charge thousands of dollars per day. For this reason, it is crucial for litigants to thoroughly study and evaluate potential experts prior to their appointment. Failure to do this could result in a failed Daubert challenge and lost cases.

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

Asbestos lawsuits are a common occurrence in New York, and judges are well-versed in the issues that arise. The courts, for example expedite trials for seriously ill plaintiffs and combine cases when necessary to reduce trial costs. In addition, courts regularly review their discovery procedures to ensure that they are up-to-date and efficient.

In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not suffice to prove the causality. The case was then appealed by defendants, and a decision is expected soon.

The court's decision is expected to have an impact on asbestos litigation across New York. The mesothelioma lawyers are currently bombarding television during the day with ads which urge victims to file asbestos lawsuits, promising massive settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges related to the millions of dollars he made by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers should remain vigilant about possible asbestos exposure in their work environments and communities. 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 attorney can assist you in obtaining the amount of compensation you are due.

Asbestos exposure could lead to 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. Fortunately, there are ways for workers to safeguard themselves from asbestos exposure and avoid a recurrence of illnesses. There have been a number of significant changes in the asbestos litigation landscape in recent years. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's convictions for corruption stemmed from his secretly working at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amid reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His rulings 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 was popular in the court case and requiring plaintiffs to prove specific causation through sufficient scientific expression by their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against allegations that claims are speculative or fraudulent.

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

Causation

The most significant challenge facing defendants in asbestos cases is the need to prove that there is a causal link. There is a consensus that exposure to asbestos-containing materials can cause mesothelioma or other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products made by certain defendants in order to be considered valid.

This is a tough standard to meet, particularly in NYCAL where a single judge manages the entire NYC asbestos litigation. In the 16 years since the decision of 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) ruling that an expert's testimony that a plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to establish the requirements of causality specific to Nemeth.

Juni has placed a significant burden on defendants and could make them to settle their claims for an amount lower than what they are entitled to. An attorney for mesothelioma in NYC can explain the benefits of filing a suit and the options for restitution in the event that you are diagnosed with mesothelioma or other asbestos-related diseases.

New York State was the second most popular state for mesothelioma suits in the year 2019. Knoxville asbestos lawyer handled 6% of all asbestos litigation in the nation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees who were exposed to asbestos as it was employed in industrial applications.

The signs of mesothelioma aren't typically evident until 25 to 50 years after the first exposure. Many asbestos sufferers are fighting for the compensation they need to cover medical expenses, lost wages, loss of companionship, and other damages.

It is crucial to file your mesothelioma lawsuit promptly however, it is vital to work with a mesothelioma lawyer who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to schedule 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 compensate your family for your losses. Compensation can cover medical bills, income loss due to being unable to work or take care of your home as well as pain and suffering mental anguish and loss of quality of life, and funeral and burial costs. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. After this, your lawyer may bring a lawsuit in civil court before the statute of limitations expires.

The courts have dockets that are specially designed for asbestos cases to streamline the process. They accelerate trials for plaintiffs who are terminally ill and group similar cases together. Judges who handle these cases have been instructed to ensure justice and are aware of the higher risks associated with asbestos.

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 fatal cancer is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering.

In addition to compensating victims of mesothelioma as well as other asbestos-related illnesses the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damage awards that are in addition to compensatory damages. The lawsuits are designed to deter the defendant from engaging in similar conduct in the future.


However, the NYCAL decision provides defendants with the chance to have a shot of hope in their battle to stay out of punitive damages. In the past, they faced the prospect of massive judgments in these cases with the prevailing theory that their conduct was so indefensible that they should be forced to pay punitive damages to prevent others from committing the same crime.

With the decision in favor of plaintiffs, it is likely that many of the businesses that were named as defendants will be disqualified. Even if they were to be dismissed but they'd still have to pay legal fees to defend a case they did not deserve to be involved in.

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