What NOT To Do In The Asbestos Litigation Industry
New York Asbestos Litigation
New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness 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 are likely to have a major impact on the defense of asbestos lawsuits. These decisions will likely result in a large number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any exposure that can be deemed respirable below an exposure threshold for ambient conditions.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be extremely expensive, and expert witness fees represent a significant proportion of the total costs. Lawyers for both sides could spend hours prepping to interview an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to thoroughly study and evaluate potential experts prior to hiring them. Failure to do this could result in a failed Daubert challenge or losing cases.
New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. Anyone who has suffered from these conditions can recover compensation from the companies that exposed them to asbestos.
Asbestos lawsuits are a regular event in New York, and judges are aware of the issues involved. For instance, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to lower costs for trial. The courts also examine their discovery procedures to ensure that it is effective and up-to date.
In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causation. The case was re-argued by defendants, and a ruling is expected soon.
The court's decision is likely to have an impact on asbestos litigation throughout New York. Mesothelioma lawyers have been bombarding daytime television with commercials that urge victims to file asbestos suits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs' attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he made 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 work environments and communities. Asbestos lawsuits are on the rise and New York is among the top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in receiving the amount of compensation you are due.
Asbestos exposure can lead to serious diseases, including mesothelioma as well as lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that victims may not have started experiencing symptoms until 20 or 25 years following their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid future illnesses. In recent years, the asbestos litigation landscape has seen a number of 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 convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.
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 filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it more difficult for defendants to get summary judgment.
In Lynwood asbestos attorneys , the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative-exposure theory that was becoming popular in the litigation, and requiring plaintiffs to prove the causation of their claims with sufficient scientific explanation by their experts. This ruling gives New York asbestos attorneys a powerful tool to defend against claims that claim they are false or speculative.
In Reid v Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove the existence of a specific causal connection between their asbestos-related disease and the specific products they were exposed to. This decision places plaintiffs with the obligation to prove that their illness was caused by specific friction materials and linings which were supplied by the defendant, rather than general exposure to asbestos in the workplace.
Causation
The biggest challenge for asbestos defendants is the need to prove that there is a causal link. The general consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other diseases. However the law requires plaintiffs to prove specific exposure to products manufactured by certain defendants for their claims to be considered valid.
This is a difficult standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles outlined in that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided the testimony of an expert that plaintiff "regularly" exposed himself to friction products that contained asbestos was not sufficient to prove the requirement of specific causality under Nemeth.
Juni has placed a heavy burden on defendants and could make them to settle their claims for a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain to you the benefits of filing a suit and the options for financial compensation if have been diagnosed with mesothelioma.
New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It handled 6percent of all asbestos litigation in the nation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of victims were contractors or employees exposed to asbestos in industrial applications.
The signs of mesothelioma aren't usually evident until 25 to 50 years after exposure. Many asbestos patients are fighting to receive the compensation they deserve for medical expenses, lost wages and companionship loss, among other damages.
It is important to file your mesothelioma lawsuit in a timely manner, but it is also important to consult a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your lawyer can help determine if you're eligible for financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or any other asbestos-related illness, a successful lawsuit may pay your family members 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, and other expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. After that, your lawyer will bring a lawsuit in civil court before your state's statute of limitations runs out.
The courts have specialized dockets for asbestos cases to streamline the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. In addition the judges who decide these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is done.
According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims.
These lawsuits are designed to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. 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 discourage others from engaging in a similar course of action.
The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They had the possibility of large judgments in the past, on the basis that their conduct had been so indecent that they should pay punitive damages to deter other people from following their example.
Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases can expect to be dismissed in a significant percentage of their cases. This is because even if they're dismissed, they will still need to incur legal costs to defend a case they didn't deserve to be involved in.