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New York Asbestos Litigation New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related disease that is serious and has prolonged latency. Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in extensive summary judgment motion practice focused on the defendant's fiber/cc test and expert reports placing any respirable exposure under the threshold of exposure to ambient air. Expert Testimony New York asbestos lawyers rely heavily on expert witness testimony to back their clients their claims. Expert witness fees can account for an enormous portion of total cost of asbestos litigation. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. It is crucial that litigants conduct thorough examine and verify potential experts prior to contacting them. In the absence of doing so, it could result in a failure of the Daubert challenge and lost cases. New York has a rich industrial past, and a lot of workers have been exposed to asbestos that is toxic. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma as well as lung cancer. Those who have suffered from these conditions can seek compensation from the companies that exposed them to asbestos. Asbestos suits are common in New York and the judges are knowledgeable about the issue. For example, the courts speed up trials for terminally sick plaintiffs, and they often consolidate cases to lower trial expenses. In addition, courts regularly review their discovery procedures to ensure they are up-to-date and efficient. In one notable case, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made from plaintiffs' experts were insufficient to establish the causation in asbestos cases. The defendants appealed the decision, and a decision is expected in the near future. The court's decision is expected to have a significant impact on asbestos litigation in New York. The mesothelioma lawyers are bombarding the daytime TV with ads that encourage asbestos victims to file suits, promising huge settlements. The niche litigation has been particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he made by directing asbestos cases to his firm. In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos-related lawsuits are increasing and New York is among the top jurisdictions in mesothelioma verdicts. Summary Judgment A New York asbestos lawyer can assist you in obtaining the settlement you're due. Asbestos exposure often leads to serious diseases, such as mesothelioma and cancer of the lung. These diseases are extremely serious and have a long latency time. This means that victims might not be experiencing symptoms until twenty or 25 years after their first exposure. There are steps workers can take to avoid asbestos exposure and a subsequent illness. A number of major changes have taken place in the asbestos litigation environment in recent years. In 2015 the political establishment in New York was shook to its core by the conviction of Sheldon Silver on federal charges of corruption. Silver's convictions for corruption stemmed from his secret moonlighting at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm. The courtroom politics on the NYCAL docket have also impacted 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 brought by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken charge of NYCAL. His decisions have made it more difficult for defendants to get summary judgement. In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead it required that plaintiffs establish a specific causality with enough scientific evidence from their experts. This ruling provides New York asbestos attorneys a powerful weapon to defend against allegations that claims are fraud or speculative. In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. In this decision, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings supplied by the defendant, rather than general exposure to asbestos in the workplace. Causation The biggest challenge for defendants in asbestos cases is the need to prove causation. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma and other diseases, but the law requires plaintiffs to prove specific exposure to certain products made by particular defendants in order to be successful in their claims. This is a difficult standard to achieve, particularly 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 had a difficult time applying 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 friction products containing asbestos was not sufficient under Nemeth to establish a specific causality. Juni has put a huge burden on defendants in NYCAL and could force them to settle their claims for less than they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as the options for restitution financial if you are diagnosed with mesothelioma or any other asbestos-related illnesses. New York State was the second-most popular jurisdiction for mesothelioma suits in the year 2019. It handled 6% of all asbestos litigation in the nation. Up to 13,000 people have been diagnosed with the disease in New York. Most of the victims were workers or contractors exposed to asbestos in industrial applications. The signs of mesothelioma typically don't manifest until between 25 to 50 years after initial exposure. Many asbestos victims are fighting to get the compensation they require to cover medical expenses as well as lost wages and companionship loss, in addition to damages. While it is important to make a mesothelioma claim in a timely manner but it is also essential to consult with a knowledgeable mesothelioma lawyer who can help you pursue the maximum amount of financial restitution that is possible. Contact a mesothelioma lawyer in NYC today to schedule your free no-obligation consultation. Your lawyer can assist determine if you're qualified to receive financial compensation from an asbestos trust. Damages If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit may pay your family members for their losses. Surprise asbestos lawsuits may cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish 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 will then file a civil lawsuit before the statute of limitations expires in your state. The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They speed up trials for terminally ill plaintiffs and group similar cases together. The judges handling these cases have been trained to ensure justice and are aware of the higher risks associated with asbestos. According to a research study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have led to compensation for victims. In addition to compensating the 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 damage awards that are in addition to compensatory damages. They are designed to deter the defendant's actions in the future, and discourage others from taking part in the same course of action. The NYCAL decision gives defendants hope that they will stay clear of punitive damages. They faced the prospect of huge judgments in the past, in the belief that their conduct had been so bad that they would have to pay damages for punitive harm to deter other people from following their example. With the ruling in favor plaintiffs, it is likely that many of the companies named as defendants will be reprimanded. Even if they were dismissed however, they will still need to pay legal fees to defend a case that they didn't deserve to be in.