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 very serious asbestos lawyers-related disease with a long latency, is the second most frequent mesothelioma patient in the country in the year 2019.
Recent NYCAL decisions will have a profound impact on the defense of asbestos lawsuits. These decisions could result in a number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that place any exposure that can be deemed respirable below an exposure threshold in the ambient.
Expert Testimony
New York asbestos attorneys (more about Zenwriting) rely heavily on the testimony of experts to back up their client's claims. Asbestos litigation can be very expensive, and expert witness fees represent a significant proportion of total case costs. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. This is why it is important for litigants to examine and verify potential experts in advance. Failure to do so can result in a sham 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, including mesothelioma and lung cancer. They may seek compensation from the businesses who exposed them to asbestos.
Asbestos suits are common in New York and the judges are knowledgeable about the issue. The courts, for instance, expedite trials for seriously ill plaintiffs and combine cases when needed to reduce the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to ensure that they are current and efficient.
In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causation. The defendants appealed the case and a decision is expected in the near future.
The court's decision is expected to have a profound impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms saturate the daytime with commercials urging victims to bring asbestos lawsuits, promising giant settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently found guilty of federal corruption charges that relate to the millions of dollars he earned from directing asbestos cases to his firm.
In addition to these legal developments, New Yorkers must 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 most prominent jurisdictions for mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation you deserve.
Asbestos exposure can lead to serious illnesses, such as mesothelioma and cancer of the lung. These diseases are agressive and have a long latency period, meaning that victims may only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps that workers can take to safeguard themselves from asbestos exposure and avoid future disease. In recent years the asbestos litigation scene has undergone several significant changes. In 2015 the political establishment of New York was shook to its foundation by the conviction of Sheldon S. Silver for federal corruption charges. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm.
The new Albany landscape has also been shattered by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was replaced as the longtime manager of the NYCAL docket in 2021 following reports that she had provided the "red carpet treatment" to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have placed a heavy burden on defendants, making it almost impossible for them to get summary judgment.
In Juni, the Court of Appeals gave NYCAL an ominous dose of reality by denying the theory of cumulative exposure that was popular in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a strong argument against claims that claim to be speculative or fraudulent.
In Reid in Reid 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 illness and the particular products that they were exposed to. This decision places on plaintiffs the obligation to prove that their illness was caused by specific linings and friction materials which were supplied by the defendant, not general exposure to asbestos in the workplace.
Causation
The defendants will have to prove that asbestos caused the disease. The consensus is that exposure to asbestos-containing substances can lead to mesothelioma or other illnesses. However, the law requires plaintiffs be able to prove specific exposure to certain products manufactured 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 the decision of Parker, New York courts have struggled to apply the principles of the 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 specific causality under Nemeth.
Juni has imposed a substantial burden on defendants in NYCAL and may make them settle their claims at a lower amount than they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit as well as your options for financial restitution if you're diagnosed with mesothelioma or any other asbestos lawyer-related illnesses.
New York State was the second most popular mesothelioma-related jurisdiction suits in 2019. It was the sole handler of 6percent of all national asbestos litigation. It is estimated that up to 13,000 people have been diagnosed with mesothelioma in the state. The majority of patients were contractors or employees exposed to asbestos in industrial applications.
The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after initial exposure. Many asbestos patients are fighting to receive the compensation they need for medical expenses as well as lost wages and companionship loss, among other damages.
While it is essential to make a mesothelioma claim promptly however, it is equally important to consult with a knowledgeable mesothelioma attorney who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney will be able to discuss your rights to financial restitution from an asbestos trust fund.
Damages
If you suffer from mesothelioma, or another asbestos-related illness A successful lawsuit can provide your family with compensation for their losses. Compensation can cover medical expenses, lost income from being unable, home care expenses, pain and suffering, mental anguish and loss of quality of life, and funeral and burial expenses. A seasoned New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state.
The courts have dockets specialized for asbestos cases that streamline the process. They accelerate trials for terminally ill plaintiffs and group similar cases together. Additionally, the judges handling these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure justice is done.
According to a research study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims.
These lawsuits seek to punish 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 intended to deter the defendant's conduct in the future and deter others from participating in the same course of action.
The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They had the possibility of huge judgments in the past, on the basis that their conduct had been so bad that they had to pay punitive damages to deter other people from following their example.
Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a significant proportion of their cases. This is because, even if they are dismissed, they'll have to spend money on legal costs to defend a case that they did not deserve to be involved in.
