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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 profound effect on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motions focusing on the defendant's fiber/cc test as well as expert reports putting any respirable exposure under an ambient exposure threshold. Expert Testimony New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Expert witness fees can account for significant proportion of total cost of asbestos litigation. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollar per day. Therefore, it is essential for litigants to carefully research and vet potential experts prior to their appointment. Failure to do this can result in a failed Daubert Challenge and losing cases. New York has a rich industrial past, and many workers have been exposed to asbestos that is toxic. Many of these workers developed asbestos-related diseases, including mesothelioma, lung cancer, and so on. Anyone who has suffered from these conditions can recover compensation from the companies who exposed them to asbestos. Asbestos suits are common in New York and the judges are knowledgeable about the issue. For instance, courts speed up trials for terminally patients, and often consolidate cases to reduce the cost of trial. In addition the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and effective. In a case that is notable, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish causality. The defendants appealed the case, and a decision is expected in the near future. The court's ruling is expected to impact asbestos litigation in New York. Mesothelioma lawyers have been bombarding daytime television with commercials that encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he earned by sending asbestos cases to their firm. New Yorkers should continue to be vigilant at work, and communities about asbestos exposure. Asbestos lawsuits are on the increase, and the state is one of the top jurisdictions for mesothelioma verdicts. Summary Judgment A New York asbestos lawyer can assist you in obtaining the compensation you deserve. Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These diseases are aggressive and have a long period of latency which means that the victims could only have begun experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to avoid asbestos exposure and future illness. A number of major changes have taken place in the asbestos litigation landscape in recent years. The most significant development came in 2015, when New York's political establishment was shaken to its core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which was where he earned millions of dollars in referral fees for the firm. The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. The long-time supervisor of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she provided the “red-carpet treatment” to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His rulings have made it difficult for defendants to get summary judgement. In Juni the year 2003, the Court of Appeals gave NYCAL an ominous dose of reality by denying the theory of cumulative exposure that was a popular argument in the litigation. Instead Stockton asbestos lawsuit demanded that plaintiffs establish a specific causation using sufficient scientific proof from their experts. This decision provides New York asbestos defense attorneys a powerful tool to defend against allegations of speculative and fraudulent claims. In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish that there is a causal link between their asbestos-related disease and the particular products that they were exposed to. This decision places on plaintiffs the obligation to prove that their condition was caused by specific linings and friction materials that were provided by the defendant, and not general exposure to asbestos in the workplace. Causation The defendants must prove that asbestos contributed to the disease. The consensus is that exposure to asbestos-containing materials can trigger mesothelioma and other illnesses. However the law requires that plaintiffs be able to prove specific exposure to certain products made by certain defendants in order for their claims to be successful. This is a challenging 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 outlined in this case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled the testimony of an expert that a plaintiff “regularly” exposed himself to friction products containing asbestos was not sufficient to prove the requirements of causality specific to Nemeth. Juni has placed a significant burden on defendants and could make them settle their claims at less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a lawsuit and your options for restitution in the event that you're diagnosed with mesothelioma, or other asbestos-related diseases. 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. Up to 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of victims were contractors or workers exposed to asbestos in industrial applications. The signs of mesothelioma typically don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients are fighting to receive the compensation they require for medical expenses, lost wages and companionship loss, in addition to other damages. While it is important to make a mesothelioma claim in a timely manner however, it is equally important to partner with a seasoned mesothelioma lawyer who will assist you in obtaining the highest amount of financial restitution that is possible. Contact a mesothelioma attorney in NYC today to set up a free no-obligation consultation. Your attorney can help you determine if you are qualified to receive financial compensation from an asbestos trust. Damages If you suffer from mesothelioma or any other asbestos-related illness A successful lawsuit could help your family recover losses. Compensation could pay for medical bills, lost income from being unable, 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 investigate the responsible parties and gather evidence to support your claims. Your lawyer can then file a civil lawsuit before the statute of limitations expires in your state. The courts are familiar with asbestos lawsuits and have specialized dockets to help speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. In addition the judges who handle these cases are aware of the increased dangers associated with asbestos exposure and are trained to ensure that justice is served. According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare, incurable type of cancer. However lawsuits brought against companies that exposed workers to asbestos fibers have helped compensate victims. These lawsuits aim to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future, and discourage others from participating in the same course of action. The NYCAL decision gives defendants hope that they can stay clear of punitive damages. They faced the prospect of large judgments in the past in the belief that their conduct was so egregious, that they had to pay punitive damages to discourage others from following suit. 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. Even if they are dismissed but they'd still have to pay legal fees to defend a case that they didn't deserve to be in.