How To Outsmart Your Boss On 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 prolonged latency.

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 the test results of the defendant's fiber/cc and expert reports that put any exposure that is deemed to be respirable under an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys (discover this) rely heavily on the testimony of expert witnesses to prove their clients' claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of the total cost. Lawyers for both sides could spend hours in preparation to question an expert, and experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough research and vet possible experts in advance. Failure to do this can result in a shaky Daubert Challenge and lost cases.

New York has a rich industrial past, and many workers have been exposed to asbestos, which is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. These workers can seek compensation from the businesses who exposed them to asbestos.

Asbestos lawsuits are an everyday occurrence in New York, and judges are familiar with the issues that arise. The courts, for instance expedite trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce trial costs. Additionally the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and efficient.

In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove the causality. The case was appealed by defendants, and a ruling is expected in the near future.

The court's decision is likely to have an impact on asbestos litigation across New York. The mesothelioma lawyers are currently bombarding television during the day with ads which encourage asbestos victims to file lawsuits, promising massive settlements. The niche 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 convicted on federal corruption charges related to the millions of dollars he earned by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must continue to be vigilant about possible asbestos exposure in their workplaces and communities. Asbestos lawsuits are on the rise, and New York is among the most sought-after jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can assist you in obtaining the compensation you deserve.

asbestos lawyer exposure is often the cause of serious diseases, including mesothelioma and cancer of the lung. These diseases are aggressive and have a long time of latency which means that patients may only have begun feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos lawsuit exposure and the development of a future illness. In recent years the asbestos litigation scene has undergone several significant changes. The most significant change came in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges brought against 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 courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amid reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken the charge of NYCAL. His decisions have made it more difficult for defendants to get the benefit of a summary judgement.

In Juni, the Court of Appeals gave NYCAL a hefty dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it demanded that plaintiffs establish a specific causation using sufficient scientific proof from their experts. This ruling provides New York asbestos lawsuit attorneys a powerful tool to defend against claims that claim to be speculative or fraudulent.

In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. This decision places plaintiffs with the responsibility to prove that their condition was caused by the specific friction materials and linings that were provided by the defendant, not general exposure to asbestos in the workplace.

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 lead to mesothelioma or other diseases. However the law requires plaintiffs to demonstrate specific exposure to the products produced by certain defendants in order to be successful.

This is a difficult standard to meet, especially in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying 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 evidence that he "regularly exposed" himself to asbestos lawyer-containing friction products was not sufficient under Nemeth to satisfy a specific causality.

Juni has placed a huge burden on defendants and could oblige them to settle their claims at less than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a lawsuit as well as the options for restitution financial if you're diagnosed with mesothelioma, or other asbestos-related diseases.

New York state was the second most popular state for mesothelioma lawsuits in 2019 and handles 6% of national asbestos litigation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were contractors or employees exposed to asbestos in industrial applications.

The symptoms of mesothelioma don't typically apparent until 25 to 50 years after the first exposure. Many asbestos victims are fighting to get the compensation they need to cover medical expenses as well as lost wages and companionship loss, among other damages.

It is important to file your mesothelioma suit promptly however, it is essential to work with a mesothelioma lawyer who can assist you in seeking the most monetary restitution. Contact a mesothelioma attorney from NYC to set up a free, no-obligation appointment. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund.

Damages

If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation could cover medical expenses and lost wages resulting from inability to work, home-care expenses, mental stress and suffering, loss of quality, funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and collect evidence to support your claims. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state.

The courts have dockets specialized for asbestos cases that streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases together. The judges who are handling these cases have been trained to ensure justice and are aware of the increased 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 cancer that can be fatal caused by exposure to harmful asbestos lawyers fibers. It is a rare, incurable disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have aided in compensating victims for their suffering.

These lawsuits are designed to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related illnesses. These lawsuits seek punitive damages awards in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and discourage others from engaging in the same course of action.

The NYCAL decision gives defendants hope that they can avoid punitive damage awards. They were in danger of huge judgments in the past, with the theory that their conduct had been so egregious, that they should pay damages for punitive harm to deter other people from committing the same offense.

With the decision in favor of plaintiffs, businesses that are named as defendants in NYCAL cases can expect to be dismissed in a substantial proportion of their cases. This is because even if they're dismissed, they will have to spend money on legal fees to defend a case that they did not merit to be involved in.