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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 long latency periods. Recent NYCAL decisions will have a significant impact on the defense of asbestos lawsuits. These decisions will likely result in a large number of summary judgment motions based on asbestos defendant's tests for fiber/cc as well as 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 support their clients their claims. Asbestos litigation is expensive and expert witness fees make up a significant portion of the total cost. Both sides could spend hundreds of hours preparing to confront an expert. Experts can charge thousands of dollars per day. Therefore, it is essential that litigants carefully study and evaluate potential experts prior to interviewing them. In the absence of doing so, it could result in a sham Daubert challenge and lost cases. New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related illnesses, like mesothelioma, lung cancer, and so on. These workers can seek compensation from the companies who exposed them to asbestos. Asbestos lawsuits are a regular in New York, and judges are aware of the issues involved. The courts, for example speed up trials in cases of patients who are terminally ill and consolidate cases when needed to reduce the cost of trial. Additionally the courts are regularly reviewing their discovery procedures to make sure they are up-to-date and effective. In one case of note, 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 causality in an asbestos case. The defendants filed an appeal, and a decision is expected in the near future. The court's ruling is expected to have an 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 has proven 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 from directing asbestos cases towards his firm. New Yorkers must continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits are on the rise and New York is one of top jurisdictions in mesothelioma verdicts. Summary Judgment A New York asbestos lawyer can help you obtain the compensation you're entitled to. Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and lung cancer. These diseases are aggressive and have a long time to develop. This means that victims may not be suffering from symptoms until 20 or 25 years after their first exposure. There are steps workers can take to reduce the risk of asbestos exposure and the development of a future illnesses. There have been a number of significant changes in the asbestos litigation environment in recent years. In 2015, the political establishment in New York was shook to its core by Sheldon Silver's conviction on federal charges of corruption. Silver's corruption convictions stemmed from a secretly working at the law firm of Weitz & Luxenberg, which employed him to earn millions of dollars in referral fees for the firm. The new Albany landscape is also impacted by the courtroom politics of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amid reports that she had provided the “red carpet treatment” to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the wake of this shake-up. His decisions have placed a heavy burden on defendants, making it virtually impossible for them to get summary judgment. In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the cumulative exposure theory that was popular in the litigation. Instead it demanded that plaintiffs establish specific causality with enough scientific evidence from their experts. This decision gives New York asbestos attorneys a powerful tool to defend against claims that claim they are speculative or fraudulent. In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys support for their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related condition and the specific substances they were exposed to. The decision imposes plaintiffs with the obligation to prove that their condition was caused by the specific linings and friction materials that were provided by the defendant, and not 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 asbestos-containing substances is a cause of mesothelioma and other illnesses, but the law requires plaintiffs to prove specific exposure to products manufactured by particular 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 the decision of Parker, New York courts have had a difficult time applying the principles outlined in the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that a plaintiff “regularly” exposed himself to products for friction that contained asbestos was not sufficient to satisfy specific causality under Nemeth. Juni has imposed a substantial burden on defendants in NYCAL and may make them settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer in NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma. New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled about 6% of the asbestos litigation across the country. Around 13,000 people have been diagnosed with the disease in New York. The majority of the victims were contractors or employees who were exposed to asbestos when it was employed in industrial applications. The signs of mesothelioma typically don't manifest until between 25 to 50 after the initial exposure. Many asbestos sufferers are fighting to get the compensation they need to cover medical costs, lost wages, loss of companionship, and other damages. It is essential to file your mesothelioma claim in a timely manner however, it is important to consult an attorney for mesothelioma who can assist you in obtaining the maximum financial restitution. Contact a mesothelioma attorney from NYC to set up a free, no-obligation appointment. Your lawyer can help you determine your eligibility for financial compensation from an asbestos trust fund. Gastonia asbestos attorneys If you have mesothelioma, or another asbestos-related disease, a successful lawsuit could pay for the losses of your family. Compensation could cover medical expenses, lost wages due to inability to work, home-care expenses, mental stress and suffering, loss of quality funeral and burial costs, as well as other expenses. An experienced New York mesothelioma attorney will look into the parties at fault and collect evidence to support your claims. After that, your lawyer can file a lawsuit in civil court before your state's statute of limitations runs out. The courts are well-versed in asbestos lawsuits, and have dockets that are specifically designed to streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. Additionally the judges who decide these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is served. According to a research study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is an uncommon, incurable cancer. However lawsuits brought against companies who exposed workers to asbestos fibers have resulted in compensation for victims. These lawsuits aim to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are given in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and discourage others from participating in a similar course of action. The NYCAL decision gives defendants hope that they can avoid punitive damage awards. Prior to this, they faced the possibility of huge judgments in these cases with the prevailing theory that their conduct was so indefensible that they had to pay punitive damages to deter others from following their lead. Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a large portion of their cases. This is because, even if they are dismissed, they will still need to incur legal fees to defend a case that they didn't deserve to be involved in.