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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 serious illness that has long latency times. Recent NYCAL decisions are likely to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motions focusing on the defendant's fiber/cc tests and expert reports that place any exposure that is deemed to be respirable below an exposure threshold for ambient conditions. Expert Testimony New York asbestos lawyers rely heavily on expert witness testimony to back their clients claim. Expert witness fees can account for significant proportion of total costs involved in asbestos litigation. Lawyers for both sides could spend a lot of time prepping to interview an expert, while experts can charge thousands of dollars per day. Therefore, it is essential for litigants to thoroughly study and evaluate potential experts prior to hiring them. In the absence of this, it could result in a failed Daubert Challenge and losing cases. New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers have suffered asbestos-related diseases, such as mesothelioma and lung cancer. Anyone who has suffered from these conditions are entitled to compensation from companies who exposed them to asbestos. Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For instance, the courts speed up trials for terminally ill plaintiffs, and they often combine cases to cut down on costs for trial. In addition, courts regularly review their discovery procedures to ensure they are current and efficient. In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements by plaintiffs’ experts did not prove causation. The defendants appealed the decision and the decision is expected to be made soon. The court's decision is expected to have a major impact on asbestos litigation in New York. Currently, specialized mesothelioma law firms pepper daytime TV with ads urging victims to file asbestos lawsuits, promising massive settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who repaid millions of referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by the asbestos cases he directed to their firm. New Yorkers must continue to be vigilant at work and communities to avoid asbestos exposure. Asbestos-related lawsuits are on the increase, and the state is one of the most sought-after jurisdictions for mesothelioma verdicts. Summary Judgment A New York asbestos attorney can help you receive the compensation that you deserve. Asbestos exposure can cause serious illnesses like mesothelioma and lung cancer. These diseases are aggressive and have a long latency time. This means that patients 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 future illness. In recent years, the asbestos litigation landscape has seen a number of major changes. The most significant development came in 2015 in which the New York political establishment was shaken to its core following the conviction on federal corruption charges of former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret work at the law firm Weitz & Luxenberg. He utilized this to earn millions of referral fees. The courtroom politics on the NYCAL docket have also impacted the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amidst reports that she had given the “red carpet treatment” to asbestos claims brought by Weitz & Luxenberg. In the wake of this reshuffle Justice Peter Moulton has taken the reigns of NYCAL. His decisions have placed a significant burden on defendants, making it virtually impossible for them to obtain summary judgment. In Juni, the Court of Appeals dealt NYCAL with a brutal dose of reality, rejecting the cumulative-exposure theory that was popular in the litigation, and calling for plaintiffs to establish specific causation by proving it through scientific expression by their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim to be 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 that there is a causal link between their asbestos-related disease and the specific substances they were exposed to. In this case plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings provided by the defendant, not general workplace exposure to asbestos. Causation The biggest challenge for asbestos defendants is the need to prove causation. The general consensus is that exposure to asbestos-containing materials can lead to mesothelioma or other illnesses. However the law requires plaintiffs to demonstrate specific exposure to the products made by certain defendants in order for their claims to be successful. This is a difficult standard to meet, particularly in NYCAL, where a single judge manages the entire NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the principles of the case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling that an expert's testimony that plaintiff “regularly” exposed himself to products for friction that contained asbestos was not sufficient to prove specific causality under Nemeth. Juni has put a huge burden on defendants in NYCAL and may make them settle their claims at a lower amount 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-related lawsuits in 2019 and is responsible for about 6% of the national asbestos litigation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. The majority of the victims have been workers or contractors who were exposed to asbestos when it was being employed in industrial applications. The signs of mesothelioma generally are not evident until the age of 25 to 50 years after initial exposure. Many asbestos victims are fighting to get the compensation they require to cover medical expenses loss of wages, companionship loss, among other damages. It is essential to file your mesothelioma suit promptly, but it is also vital to work with an attorney for mesothelioma who can assist you in seeking the highest amount of financial compensation. Contact a mesothelioma lawyer in NYC today to schedule a free no-obligation consultation. Your lawyer can help you determine your rights to financial restitution from an asbestos trust fund. Damages If you suffer from mesothelioma or a similar asbestos-related condition, a successful lawsuit could compensate your family's losses. Compensation could pay for medical bills, lost income from being unable to work, 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 mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. Your lawyer can then start a civil lawsuit before the statute of limitations runs out in your state. The courts are well-versed in asbestos lawsuits, and they have dockets that are specifically designed to simplify the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. In addition the judges who decide these cases are aware of the increased risks associated with asbestos exposure and are trained to ensure that justice is done. According to Marietta asbestos attorney , New York City is the nation's hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer, is caused by asbestos fibers. It is a rare and incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing substance have helped compensate victims for their suffering. These lawsuits seek to penalize corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related diseases. The lawsuits seek punitive damages which are granted in addition to compensatory damages. They are intended to deter the defendant's actions in the future, and discourage others from engaging in a similar course of action. The NYCAL decision gives defendants hope that they will avoid punitive damages. Prior to this, they faced the prospect of massive judgments in these cases according to the prevalent view that their conduct was so indefensible that they should be forced to pay punitive damages to deter others from following their lead. With the decision in favor of plaintiffs, it is expected that many of the businesses that were named as defendants will be dismissed. This is because even if they get dismissed, they'll have to spend money on legal fees to defend a case that they didn't deserve to be involved in.