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New York Asbestos Litigation New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma, a serious asbestos-related illness with a long latency period, is the second most common mesothelioma patient in the country in the year 2019. Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions will likely result in a large number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that place any respirable exposure under an ambient exposure threshold. Expert Testimony New York asbestos lawyers rely heavily on expert witness testimony to prove their clients claim. Asbestos litigation can be very expensive and expert witness costs account for a significant percentage of the total costs. Lawyers for both sides can spend hundreds of hours in preparation to question an expert, and experts can charge thousands of dollars per day. Therefore, it is essential that litigants study and evaluate potential experts prior to interviewing them. Failure to do so can result in a sham Daubert contest and a loss of cases. New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma as well as lung cancer. People who have suffered from these ailments are entitled to compensation from companies who exposed them to asbestos. Asbestos suits are common in New York and the judges are familiarized with the issues. The courts, for example, expedite trials for seriously ill plaintiffs and combine cases when needed to reduce trial costs. Additionally, 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 the causation in asbestos cases. The case was re-argued by the defendants, and a ruling is expected in the near future. The court's decision is likely to have a profound impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with advertisements urging people to bring asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys, who have paid 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 to his firm. New Yorkers must continue to be vigilant in their workplaces and in their communities regarding asbestos exposure. Asbestos 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 compensation you deserve. Asbestos exposure often leads to serious diseases, such as mesothelioma as well as lung cancer. These diseases are aggressive and have a long latency period, meaning that victims may start suffering from symptoms as recently as 20 or 25 years after the initial 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 scene in recent years. The most significant change occurred in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He used this to earn millions in referral fees. The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was replaced in 2021 amidst reports that she provided the “red-carpet treatment” to asbestos cases filed by Weitz & Luxenberg. In the aftermath of this shakeup, Justice Peter Moulton has taken charge of NYCAL. His decisions have placed a significant burden on defendants, making it almost impossible for them to get summary judgment. In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative exposure theory that was becoming popular in the litigation and calling for plaintiffs to establish the causation of their claims with sufficient scientific evidence from their experts. This decision gives New York asbestos defense attorneys a powerful tool to defend against claims of speculative and fraudulent claims. In Reid In Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to force plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. The decision imposes on plaintiffs the obligation to establish that their disease was caused by specific linings and friction materials that were provided by the defendant, not general exposure to asbestos in the workplace. Causation The defendants will have to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing materials is a cause of mesothelioma and various other illnesses, but the law requires plaintiffs to prove specific exposure to certain products made by particular defendants to be successful in their claims. This is a tough standard to achieve, particularly in NYCAL where a single judge oversees all NYC asbestos litigation. In Santa Rosa asbestos attorney since Parker, New York courts have struggled to apply the principles from that case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration that he “regularly exposed” himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causality. Juni has placed a heavy burden on defendants, and could force them settle their claims at an amount lower than they are entitled. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit and the options for financial restitution if you're diagnosed with mesothelioma or other asbestos-related illnesses. New York State was the second most popular state for mesothelioma suits in 2019. It was the sole handler of 6percent of all asbestos litigation in the nation. As many as 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 being used in industrial processes. The signs of mesothelioma generally don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients 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 essential to make a mesothelioma claim promptly, it is also crucial to consult with a knowledgeable mesothelioma attorney who can assist you in obtaining the highest financial restitution possible. Contact a mesothelioma lawyer in NYC to set up a no-cost, no-obligation appointment. Your attorney will be able to discuss your eligibility for financial compensation from an asbestos trust fund. Damages If you're suffering from mesothelioma or any other asbestos-related disease A successful lawsuit can pay your family members for their losses. Compensation could cover medical expenses as well as 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 costs. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to support your claims. After that, your lawyer will start a civil lawsuit in court before the statute of limitations runs out. The courts are familiar with asbestos lawsuits and have dockets specifically designed to simplify the process. They accelerate trials for terminally ill plaintiffs and also group similar cases together. In addition the judges who handle these cases are aware of the higher risks associated with asbestos exposure and are trained to ensure justice is served. According to a research study conducted recently, New York City is the national hub for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma, a deadly cancer is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to asbestos cancer-causing substance have helped compensate victims for their suffering. These lawsuits aim to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are granted in addition to compensatory damages. The lawsuits are meant to deter the defendant from repeating the same conduct in the future. However the NYCAL decision provides defendants with the chance to have a shot of hope in their battle to avoid punitive damages awards. Previously, they had faced the possibility of huge judgments in these cases, according to the prevalent view that their conduct was so outrageous that they had to pay punitive damages to deter others from following suit. Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases can expect to be dismissed in a significant percentage of their cases. This is because even if they're dismissed, they'll be required to pay legal costs to defend a case they did not merit to be involved in.