15 Hot Trends Coming Soon 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 illness with a long period of latency, is the second most frequent mesothelioma-related case in the United States in 2019.
Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. 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 put any exposure that can be deemed respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Expert witness fees can account for significant proportion of total cost of asbestos litigation. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollar per day. This is why it is essential for litigants to study and evaluate potential experts prior to hiring them. Failure to do so can result in a sham Daubert challenge and lost cases.
New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and cancer of the lung. Those who have suffered from these conditions can seek compensation from the companies who exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are well-versed in the subject. The courts, for example speed up trials for patients who are terminally ill and consolidate cases when necessary to cut down on the cost of trial. The courts also regularly review their discovery process to ensure that they are efficient and up-to date.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causation. The defendants appealed the decision and the decision is expected to be made soon.
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 ads urging victims to make asbestos lawsuits and promise huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' lawyers, who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned by directing asbestos cases to his firm.
New Yorkers must continue to be vigilant in their workplaces and communities to avoid asbestos exposure. Asbestos lawsuits are on rise, and the state is one of the top jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in receiving the amount of compensation you are due.
asbestos lawyer exposure can lead to serious diseases, such as mesothelioma and lung cancer. These diseases are agressive and have a long period of latency, meaning that victims may only have begun experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps workers can take to reduce the risk of asbestos exposure and future illness. In recent years the asbestos litigation scene has seen a number of significant changes. The most significant change came in 2015, when New York's political establishment was shaken to its core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secret moonlighting 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 shaken by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 amidst reports that she had given the "red carpet treatment" to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it more difficult for defendants to obtain summary judgment.
In Juni the year 2003, the Court of Appeals gave NYCAL a hefty dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded plaintiffs prove causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a strong argument against allegations that claims are fraud or speculative.
In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. In this decision plaintiffs must 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 most significant challenge facing asbestos defendants is the need to prove that there is a causal link. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other diseases. However the law requires that plaintiffs be able to prove specific exposure to certain products manufactured by certain defendants for their claims to be successful.
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 of the case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert testimony that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causation.
Juni has put a huge 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 the advantages of filing suit and your options for financial compensation if have been diagnosed with mesothelioma.
New York state was the second most popular state for mesothelioma lawsuits in 2019 and handles about 6% of the national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of those affected have been workers or contractors who were exposed to asbestos as it was employed in industrial applications.
The signs of mesothelioma aren't usually evident until between 25 and 50 years after the initial exposure. Many asbestos victims are fighting for the compensation they require to cover medical expenses, lost wages and companionship loss, in addition to damages.
While it is important to make a mesothelioma claim promptly, it is also crucial to partner with a seasoned mesothelioma lawyer who will assist you in obtaining the highest amount of financial compensation that you can. Contact a mesothelioma attorney in NYC today to set up a free no-obligation consultation. Your attorney can discuss your eligibility for financial restitution from an asbestos trust fund.
Damages
If you suffer from mesothelioma or any other asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation may cover medical bills, lost wages due to inability to work, home-care expenses, mental stress and pain loss of quality funeral and burial costs, as well as other costs. An experienced New York asbestos lawyer will examine the parties responsible to gather evidence and support your claim. Your lawyer will 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 specifically designed to speed up the process. They speed up trials for plaintiffs with terminal illnesses and also group similar cases together. Additionally the judges who decide these cases are aware of the heightened dangers associated with asbestos exposure and are trained to ensure justice is served.
According to a study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims.
These lawsuits seek to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are granted in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and discourage others from participating in a similar course of action.
The NYCAL decision gives defendants hope that they can avoid punitive damage awards. Prior to this, they faced the possibility of huge judgments in these cases, according to the popular belief that their conduct was so outrageous that they must pay punitive damages in order to discourage others from committing the same crime.
With the ruling in favor plaintiffs, it is likely that many of the companies that were named as defendants will be disqualified. Even if they are dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be in.