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New York Asbestos Litigation New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is a very serious asbestos-related illness with a long latency, is the second most prevalent mesothelioma patient in the country in 2019. Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in a significant number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any respirable exposure under an exposure threshold in the ambient. Expert Testimony New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Asbestos litigation can be very expensive and expert witness fees represent a significant proportion of the total cost. Lawyers on both sides could spend hundreds of hours prepping to interview an expert, while experts can charge thousands of dollars per day. This is why it is important for litigants to carefully study and evaluate potential experts prior to hiring them. Failure to do so 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 have developed asbestos-related diseases, such as mesothelioma and cancer of the lung. They can seek compensation from the businesses who exposed them to asbestos. Asbestos suits are common in New York and the judges are well-versed in the subject. The courts, for instance expedite trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce the cost of trial. The courts also periodically review their discovery process to ensure that it is effective and current. In a case that is notable, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements of exposure cumulatively made by the plaintiffs experts were not sufficient to establish causation in an asbestos case. The case was re-argued by defendants, and a decision is expected soon. The court's decision is expected to impact asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with commercials urging victims to make asbestos lawsuits and promise giant settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys who have paid 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 must continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos lawsuits are increasing and New York is one of top jurisdictions in mesothelioma verdicts. Summary Judgment A New York asbestos lawyer can assist you in obtaining the compensation you're entitled to. Asbestos exposure can lead to serious illnesses, such as mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long time of latency, meaning that victims may start feeling symptoms as recent as 20 or 25 years after the initial exposure. There are steps workers can take to prevent asbestos exposure and a subsequent illnesses. There have been a number of significant changes in the asbestos litigation scene in recent years. In 2015 the political establishment of New York was shook to its core by the conviction of Sheldon Silver for federal corruption charges. Silver's convictions for corruption stemmed from his shady employment at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees. Beaverton asbestos attorney has also been shattered 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 given the “red carpet treatment” to asbestos claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have placed a heavy burden on defendants, making it almost impossible for them to obtain summary judgment. In Juni the year 2003, the Court of Appeals dealt NYCAL with a savage dose of truth, rejecting the cumulative exposure theory that was popular in the litigation, and requiring plaintiffs to prove the causation of their claims with sufficient scientific expression by their experts. This decision gives New York asbestos defense attorneys an effective tool to defend against allegations of speculative and fraudulent claims. In Reid v Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. In this case plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings 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 a person's exposure to asbestos-containing materials can cause mesothelioma and various other diseases, 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 difficult standard to achieve, particularly in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts have struggled to apply the principles from that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's testimony that a plaintiff “regularly” exposed himself to friction products that contained asbestos was not sufficient to prove the requirements of causality specific to Nemeth. Juni has placed a significant burden on defendants and could oblige them to to settle their claims for an amount lower than they are entitled. An attorney for mesothelioma in NYC can explain the benefits of filing a lawsuit as well as your options for restitution financial if you're diagnosed with mesothelioma, or other asbestos-related illnesses. New York State was the second-most popular jurisdiction for mesothelioma suits in 2019. It handled 6% of all national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma in the state. The majority of the victims were contractors or employees who were exposed to asbestos because it was being employed in industrial applications. The symptoms of mesothelioma usually are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos victims are fighting to get the compensation they deserve to cover medical expenses, lost wages and companionship loss, in addition to other damages. While it is essential to start a mesothelioma lawsuit promptly, it is also crucial to work with an experienced mesothelioma lawyer who will help you obtain the maximum amount of financial restitution that is possible. Contact a mesothelioma attorney from NYC to set up a no-cost appointment, no-obligation. Your attorney can help you determine if you're qualified to receive financial compensation from an asbestos trust. Damages If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit can pay for the losses of your family. Compensation could cover medical expenses and lost wages resulting from inability to work, home care expenses, mental stress and suffering, loss of quality, funeral and burial costs, and other expenses. A seasoned New York asbestos lawyer will investigate the responsible parties to collect evidence and support your claim. Your lawyer will then bring a civil suit before the statute of limitations runs out in your state. The courts have dockets that are specially designed for asbestos cases to streamline the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. The judges handling these cases are trained to ensure justice and are aware of the increased risk of asbestos exposure. 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 fatal cancer caused by exposure to dangerous asbestos fibers. It is a rare, incurable type of cancer. However lawsuits filed against companies who exposed workers to asbestos fibers have helped compensate victims. These lawsuits seek to punish corporate wrongdoers as well as compensating victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages which are awarded in addition to compensatory damages. The lawsuits are meant to discourage the defendant from engaging in similar behavior in the future. The NYCAL decision gives defendants the chance to avoid punitive damage awards. They were in danger of large judgments in the past on the basis that their conduct was so egregious, that they should pay punitive damage awards to discourage others from committing the same offense. Now, with the ruling in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a substantial percentage of their cases. This is because even if they're dismissed, they'll have to spend money on legal costs to defend a case they didn't deserve to be involved in.