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New York Asbestos Litigation New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related disease with a long period of latency, is the second most frequent mesothelioma patient in the country in 2019. Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions could result in a large number of summary judgment motions based upon the test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an exposure threshold for ambient conditions. Expert Testimony New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Asbestos litigation can be very expensive, and expert witness fees make up a significant portion of the total costs. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. It is crucial that litigants carefully research and vet possible experts prior to interviewing them. Failure to do so can result in a sham Daubert challenge or losing cases. New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. They can seek compensation from the businesses who exposed them to asbestos. Asbestos suits are commonplace in New York and the judges are familiarized with the issues. The courts, for instance speed up trials in cases of terminally ill plaintiffs and consolidate cases when necessary to reduce the cost of trial. In addition, courts regularly review their discovery procedures to make sure they are up-to-date and efficient. In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs' experts were insufficient to establish causation in an asbestos case. The case was appealed by defendants, and a decision is expected soon. The court's decision is likely to have a significant impact on asbestos litigation in New York. At present, mesothelioma lawyer firms saturate the daytime with advertisements urging people to file asbestos lawsuits, promising massive settlements. The niche litigation has been 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 relating 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 work environments and communities. Asbestos-related lawsuits are on the increasing, and the state is one of the top jurisdictions for mesothelioma verdicts. Summary Judgment A New York asbestos lawyer can help you obtain the compensation you deserve. Asbestos exposure can lead to serious diseases, including mesothelioma and lung cancer. These diseases are extremely serious and have a long period of latency. This means that patients might not be suffering from symptoms until 20 or 25 years following their first exposure. There are ways for workers to protect themselves against asbestos exposure and avoid future illnesses. In recent years the asbestos litigation landscape has undergone several significant changes. In 2015 the political establishment in New York was shook to its foundation by the conviction of Sheldon S. Silver on federal charges of corruption. Silver's corruption convictions stemmed from his secretly working for 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 shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of NYCAL docket in 2021 amidst 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 rulings have made it more difficult for defendants to obtain summary judgement. In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative-exposure theory that had become fashionable in the litigation and requiring plaintiffs to prove specific causation through sufficient scientific expression by their experts. This ruling provides New York asbestos attorneys a powerful tool to defend against allegations that claims are speculative or fraudulent. In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal link between asbestos-related diseases and products to which they were exposed. The decision imposes plaintiffs with the obligation to prove that their illness was caused by specific linings and friction materials which were supplied by the defendant, rather than general exposure to asbestos in the workplace. Causation The defendants will need to prove that asbestos caused the disease. There is a consensus that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products produced by certain defendants to be successful. This is a tough standard to meet, especially in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have struggled to apply the principles of that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's evidence that he “regularly exposed” himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causation. Juni has placed a significant burden on defendants and may oblige them to settle their claims at less than they are entitled. A mesothelioma attorney in NYC can explain the advantages of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma. New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of about 6% of the asbestos litigation in the nation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims were contractors or workers exposed to asbestos in industrial applications. Symptoms of mesothelioma are not typically evident until between 25 and 50 years after the first exposure. Many asbestos victims are fighting to receive the compensation they need to cover medical expenses, lost wages and companionship loss, in addition to damages. It is essential to file your mesothelioma suit promptly however, it is important to consult an attorney for mesothelioma who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your attorney can help 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 can pay your family members for their losses. Compensation may cover medical bills and lost wages resulting from inability to work, home-care expenses, mental stress and suffering loss of quality, funeral and burial costs, and other expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. After that, your lawyer will file a lawsuit in civil court before your state's statute of limitations runs out. The courts are familiar with asbestos lawsuits, and they have dockets specifically designed to speed up the process. They accelerate trials for plaintiffs with terminal illnesses and also group similar cases together. The judges handling these cases have been instructed to ensure justice and are aware of the increasing risks 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 cancer that can be fatal caused by exposure to harmful asbestos fibers. It is a rare, incurable cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims. These lawsuits seek to punish corporate wrongdoers as well in compensating mesothelioma victims or other asbestos-related illnesses. The lawsuits seek punitive damages which are granted in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future. However, Anchorage asbestos lawyers offers defendants the chance to have a shot of hope in their battle to stay clear of punitive damages. They faced the prospect of huge judgments in the past, on the basis that their conduct had been so bad that they should pay punitive damages to discourage others from following their example. Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases could be dismissed in a large percentage of their cases. This is because even if they get dismissed, they will have to spend money on legal costs to defend a case they did not merit to be involved in.