15 Trends That Are Coming Up 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 case nationwide in the year 2019.
Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports putting any exposure that is deemed to be respirable below an ambient exposure threshold.
Expert Testimony
New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can be a an enormous portion of total cost of asbestos litigation. Lawyers for both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. It is therefore important that litigants carefully research and vet possible experts prior to interviewing them. Failure to do this can result in a failure of the Daubert Challenge and losing cases.
New York has had a long history of industrialization. Many workers were exposed to asbestos lawsuit. Many of these workers developed asbestos-related diseases, such as mesothelioma or lung cancer. People who have suffered from these ailments are entitled to compensation from companies that exposed them to asbestos.
Asbestos suits are commonplace in New York and the judges are well-versed in the subject. The courts, for instance, expedite trials for seriously ill plaintiffs and combine cases when needed to reduce trial costs. In addition the courts are regularly reviewing their discovery procedures to make sure 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 the causality. The defendants appealed the decision and a decision is expected soon.
The court's decision is expected to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding the daytime TV with ads that encourage asbestos victims to file lawsuits, promising massive settlements. The niche litigation was particularly lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he made by directing asbestos cases to their firm.
In addition to these legal developments, New Yorkers should remain alert to asbestos exposure in their work environments and communities. Asbestos lawsuits have been increasing and New York is one of top jurisdictions in mesothelioma verdicts.
Summary Judgment
A New York asbestos attorney can assist you in obtaining the compensation that you deserve.
Asbestos exposure often leads to serious diseases, including mesothelioma as well as lung cancer. These are serious diseases, and they have a long period of latency. This means that victims may not be developing symptoms until twenty or 25 years after the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid future illnesses. In recent years the asbestos litigation landscape has undergone several major changes. The most significant change occurred in 2015 when the political establishment was shaken to the core following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees.
The new Albany landscape has also been shaken by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amidst reports that she had given the "red carpet treatment" to asbestos claims brought by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His rulings have put a huge burden on defendants, making it almost impossible for them to obtain summary judgment.
In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the theory of cumulative exposure that was a popular argument in the litigation. Instead it required that plaintiffs establish specific causation using sufficient scientific proof from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim they are fraud or speculative.
In Reid in Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to require plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. In this ruling plaintiffs must prove that their asbestos-related illness was caused by specific friction materials or linings provided by the defendant, not general workplace exposure to asbestos.
Causation
The biggest challenge for asbestos defendants is the need to prove causation. It is generally accepted that exposure to certain asbestos-containing materials is a cause of mesothelioma and various other diseases, but the law requires plaintiffs to prove specific exposure to products manufactured by specific defendants in order to be successful in their claims.
This is a tough standard to meet, especially in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert evidence that he "regularly exposed" himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causality.
Juni has put a huge burden on defendants in NYCAL and could oblige them to settle their claims for less than they are entitled to. A mesothelioma attorney in NYC can explain to you the benefits of filing a lawsuit and your options to receive financial compensation if you have been diagnosed with mesothelioma.
New York State was the second most popular mesothelioma-related jurisdiction suits in the year 2019. It was the sole handler of 6% of all asbestos litigation in the nation. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma within the state. The majority of victims were contractors or workers exposed to asbestos in industrial applications.
The symptoms of mesothelioma don't typically evident until 25 to 50 years after the first exposure. Many asbestos victims are fighting for the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to damages.
It is crucial to file your mesothelioma lawsuit in a timely manner however, it is essential to work with an attorney for mesothelioma who can help you seek the maximum financial restitution. Contact a mesothelioma attorney from NYC to set up a free appointment, no-obligation. Your lawyer can assist you determine if you're qualified to receive financial compensation from an asbestos trust.
Damages
If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation could cover your medical bills, lost income from being unable or take care of your home, pain and suffering, mental anguish and loss of quality of life, and funeral and burial costs. An experienced New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer can then bring a civil suit before the statute of limitations expires in your state.
The courts have dockets that are specially designed for asbestos cases that streamline the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. The judges handling these cases are trained to ensure justice and are aware of the increased dangers associated with asbestos.
According to a study that was conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to dangerous asbestos fibers. It is a rare and fatal disease, but lawsuits against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering.
In addition to compensating victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at securing the retribution of corporate wrongdoers. These lawsuits seek punitive damages awards, which are in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from repeating the same conduct in the future.
The NYCAL decision gives defendants hope that they can avoid punitive damage awards. They faced the prospect of massive judgments in the past on the basis that their conduct had been so egregious, that they had to pay punitive damages to discourage others from following their example.
With the decision in favor of plaintiffs, businesses named as defendants in NYCAL cases can expect to be dismissed in a substantial portion of their cases. This is because even if they get dismissed, they will need to incur legal fees to defend a case that they did not merit to be involved in.
