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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 long latency periods. Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions will likely result in extensive summary judgment motions focusing on the defendant's fiber/cc tests and expert reports placing any exposure that is deemed to be respirable below an ambient exposure threshold. Expert Testimony New York asbestos attorneys rely heavily on the testimony of experts to support their client's claims. Asbestos litigation can be very expensive and expert witness costs represent a significant proportion of total case costs. Lawyers on both sides could spend hundreds of hours in preparation to confront an expert, and experts can charge thousands of dollars per day. It is therefore important that litigants research and vet possible experts prior to interviewing them. Failure to do this can result in a failure of the 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 diseases, such as mesothelioma or lung cancer. Those who have been affected by these diseases can seek compensation from the companies who exposed them to asbestos. Asbestos lawsuits are a common occurrence in New York, and judges are aware of the issues involved. The courts, for example, expedite trials for terminally ill plaintiffs and consolidate cases when needed to reduce the cost of trial. The courts also review their discovery procedure to ensure that it is effective and up-to date. In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove the causality. The case was appealed by the 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. The mesothelioma lawyers are bombarding television during the day with ads which encourage victims to file asbestos suits, promising huge settlements. The niche 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 found guilty of federal corruption charges that relate to the millions of dollars he made by directing asbestos cases to his firm. New Yorkers should be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits are on the rise, and New York is among the top jurisdictions for mesothelioma cases. Summary Judgment A New York asbestos attorney can assist you in receiving the compensation that you deserve. Asbestos exposure can lead to serious diseases like mesothelioma or lung cancer. These diseases are extremely serious, and they have a long time to develop. This means that patients might not be developing symptoms until twenty or 25 years after the initial exposure. There are steps workers can take to avoid asbestos exposure and future illnesses. Several major changes have occurred in the asbestos litigation environment in recent years. The most significant change occurred in 2015 in which the New York political establishment was shaken to the core following the conviction on federal corruption charges brought against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees. The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amidst reports that she had given the “red carpet treatment” to asbestos-related claims filed by Weitz & Luxenberg. Following this reshuffle Justice Peter Moulton has taken charge of NYCAL. His rulings have made it difficult for defendants to obtain summary judgement. In Juni the year 2003, the Court of Appeals dealt NYCAL a harsh dose of truth, rejecting the cumulative exposure theory that was popular in the litigation and requiring plaintiffs to prove specific causation through sufficient scientific explanation by their experts. This decision gives New York asbestos defense attorneys the ability to defend against allegations of speculative and fraudulent claims. In Reid in Reid Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. The decision imposes plaintiffs with the obligation to establish that their disease was caused by specific friction materials and linings that were supplied by the defendant, not general exposure to asbestos in the workplace. Causation The defendants will need to demonstrate that asbestos caused the disease. It is generally accepted that exposure to certain asbestos-containing materials causes mesothelioma and various other illnesses, but the law requires plaintiffs to prove specific exposure to certain products made by specific defendants in order to prevail on their claims. This is a difficult standard to meet, particularly in NYCAL where one judge is in charge of all 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, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert testimony that he “regularly exposed” himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causation. Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to settle their claims for less than they are entitled to. A mesothelioma lawyer from NYC can explain the advantages of filing a suit and the options for financial compensation if have been diagnosed with mesothelioma. New York state was the second most popular jurisdiction for mesothelioma lawsuits in the year 2019, and it handles about 6% of the national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. The majority of victims were contractors or employees exposed to asbestos in industrial settings. The symptoms of mesothelioma don't typically apparent until between 25 and 50 years after the initial exposure. Many asbestos victims are now battling to obtain the compensation they require to pay for medical expenses and lost wages, as well as loss of companionship and other damages. While it is important to make a mesothelioma claim promptly but it is also essential to partner with a seasoned mesothelioma lawyer who can help you obtain the maximum financial restitution possible. Contact a mesothelioma attorney from NYC to schedule a free, no-obligation appointment. Your lawyer can help you determine if you are eligible for financial compensation from an asbestos trust. Damages If you have mesothelioma, or a similar asbestos-related condition, a successful lawsuit can compensate your family's losses. Compensation can cover medical bills, income loss due to being unable to work and home care expenses as well as pain and suffering, mental anguish and loss of quality of life and funeral and burial expenses. A seasoned New York asbestos lawyer will examine the parties responsible to collect evidence and support your claim. After this, your lawyer may bring a lawsuit in civil court before your state's time limit expires. The courts are well-versed in asbestos lawsuits and have dockets that are specifically designed to simplify the process. They accelerate trials for plaintiffs who are terminally ill and also group similar cases together. In addition, the judges handling these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure justice is done. According to a research study conducted recently, New York City is the main hub in the country for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma, a deadly cancer, is caused by asbestos fibers. It is an uncommon, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have helped compensate victims. In addition to compensating the victims of mesothelioma and other asbestos-related illnesses, these lawsuits are aimed at punishing corporate wrongdoers. Carmel asbestos lawsuit seek punitive damages awards, which are in addition to compensatory damages. They are intended to deter the defendant's conduct in the future and deter others from taking part in the same course of action. However, the NYCAL decision provides defendants with the chance to have a shot of hope in their struggle to stay clear of punitive damages. They had the possibility of massive judgments in the past, on the basis that their conduct was so egregious, that they had to pay punitive damage awards to deter other people from following their example. Now, with the ruling in favor of plaintiffs, firms that are named as defendants in NYCAL cases are likely to be dismissed in a large percentage of their cases. Even if they are dismissed, they would still have to pay legal fees to defend a case they didn't deserve to be in.