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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 will have a significant impact on the defense of asbestos suits. These decisions are likely to result in a number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any respirable exposure under an exposure threshold in the ambient. Expert Testimony New York asbestos attorneys rely heavily on the testimony of expert witnesses to back up their client's claims. Asbestos litigation can be very expensive and expert witness fees make up a significant portion of the total costs. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. For this reason, it is essential for litigants to carefully research and vet potential experts in advance. Anchorage asbestos lawsuit to do this can result in a failure of the Daubert Challenge or losing cases. New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have been diagnosed with asbestos-related diseases, such as mesothelioma and lung cancer. Anyone who has suffered from these conditions can recover compensation from the companies who exposed them to asbestos. Asbestos suits are quite common in New York and the judges are well-versed in the subject. The courts, for example, expedite trials for patients who are terminally ill 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 a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts did not suffice to prove causality. The case was re-argued by defendants, and a decision is expected to be issued soon. The court's decision is likely to have a significant impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms fill the air with advertisements urging people to file asbestos lawsuits, promising giant settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers 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 earned by directing asbestos cases to his firm. New Yorkers must continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the rise and New York is one of most prominent jurisdictions for mesothelioma verdicts. Summary Judgment A New York asbestos attorney can help you receive the amount of compensation you are due. Asbestos exposure can lead to serious diseases, including mesothelioma as well as lung cancer. These diseases are extremely serious and have a long period of latency. This means that patients might not be developing symptoms until 20 or 25 years following the initial exposure. There are steps that workers can take to avoid asbestos exposure and a subsequent illnesses. 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 on federal corruption charges. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He made millions in referral fees. The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler, was replaced in 2021 following reports that she provided the “red-carpet treatment” to asbestos cases filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have placed a significant burden on defendants, making it virtually impossible for them to obtain summary judgment. In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against claims of fraudulent and speculative claims. In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal link between asbestos-related illnesses and the products to which they were exposed. This decision places plaintiffs with the responsibility 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 must prove that asbestos caused the disease. It is generally accepted that a person's exposure to asbestos-containing materials is a cause of mesothelioma and other diseases, but the law requires plaintiffs to prove the specific exposure to products produced by particular defendants in order to prevail on their claims. This is a difficult standard to meet, especially in NYCAL where a single judge oversees the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that plaintiff “regularly” exposed himself to friction products containing asbestos was not sufficient to establish the requirements of causality specific to Nemeth. Juni has placed a significant burden on defendants and could force them pay less than they are entitled. A mesothelioma lawyer 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 lawsuits in 2019, and it handles 6percent of all asbestos litigation. Up to 13,000 people have been diagnosed with the disease in New York. The majority of patients were workers or contractors exposed to asbestos in industrial applications. The signs of mesothelioma aren't typically evident until between 25 and 50 years after exposure. Many asbestos patients are fighting for the compensation they need to cover medical costs, lost wages, loss of companionship and other damages. While it is crucial to make a mesothelioma claim in a timely manner but it is also essential to partner with a seasoned mesothelioma lawyer who can help you obtain the maximum amount of financial compensation that you can. Contact a mesothelioma lawyer from NYC today to set up a free no-obligation consultation. Your attorney can discuss your rights to financial restitution from an asbestos trust fund. Damages If you're suffering from mesothelioma or any other asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation can cover medical expenses, lost income from being unable to work, home care expenses as well as pain and suffering mental anguish, loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. Your lawyer will then start a civil lawsuit before the statute of limitations runs out in your state. The courts are well-versed in asbestos lawsuits, and have dockets specifically designed to simplify the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. The judges who are handling these cases have been trained to ensure justice and are aware of the higher risk of asbestos exposure. According to a research study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is a rare and fatal illness, but lawsuits brought against companies who exposed workers to the cancer-causing substance have helped compensate victims for their suffering. In addition to compensating the victims of mesothelioma as well as other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. These lawsuits seek punitive damages awards that are in addition to compensatory damages. The intent of the lawsuits is to deter the defendant from engaging in similar conduct in the future. The NYCAL decision gives defendants the chance to avoid punitive damages. They were in danger of large judgments in the past on the basis that their conduct had been so bad that they had to pay damages for punitive harm to deter other people from committing the same offense. Now, with the ruling in favor of plaintiffs, businesses named as defendants in NYCAL cases could be dismissed in a large portion of their cases. This is because even if they get dismissed, they will have to spend money on legal costs to defend a case that they did not deserve to be involved in.