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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 prolonged latency. Recent NYCAL decisions are likely to have a major impact on the defense of asbestos lawsuits. These decisions are likely to result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports that place any respirable exposure below an exposure threshold for ambient conditions. Expert Testimony New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Asbestos litigation can be extremely expensive, and expert witness fees represent a significant proportion of total case costs. Both sides can spend hundreds hours preparing to question an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants carefully examine and verify potential experts prior to interviewing them. Failure to do so can result in a sham Daubert challenge and lost cases. New York has had a long history of industrialization. Many workers were exposed to asbestos. Many of these workers developed asbestos-related illnesses, like mesothelioma or lung cancer. These workers can claim compensation from the companies who exposed them to asbestos. Asbestos lawsuits are a regular in New York, and judges are well-versed in the issues that arise. For instance, the courts speed up trials for sick plaintiffs, and they often consolidate cases to lower the cost of trial. The courts also examine their discovery procedures to ensure that they are efficient and current. In one notable case, Brown v. Louisville asbestos attorneys & Luxenberg, the First Department held that conclusory cumulative exposure statements by plaintiffs' experts were insufficient to establish causation in an asbestos case. The defendants appealed the decision, and a decision is expected soon. The court's decision is likely to have a profound impact on asbestos litigation in New York. Mesothelioma lawyers have been bombarding daytime television with commercials that encourage asbestos victims to file suits, promising huge 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 earned from directing asbestos cases to his firm. In addition to these legal developments, New Yorkers should continue to be vigilant about possible asbestos exposure at work and in their communities. Asbestos lawsuits are on increasing and the state is one of the most sought-after jurisdictions for mesothelioma verdicts. Summary Judgment A New York asbestos attorney can assist you in obtaining the compensation that you deserve. Asbestos exposure could lead to serious diseases like mesothelioma and lung cancer. These are serious diseases, and they have a long period of latency. This means that the victims may not have started experiencing symptoms until 20 or 25 years following their first exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future 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 the political establishment was shaken to its core following the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's corruption convictions stemmed from his secretly working for the law firm of Weitz & Luxenberg, which was where he earned 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 NYCAL docket in 2021 amid reports that she'd given the “red carpet treatment” to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have made it more difficult for defendants to get summary judgement. In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the theory of cumulative exposure that was prevalent in the litigation. Instead, it demanded plaintiffs prove causation using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are fraud or speculative. In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related illness and the particular products that they were exposed to. This decision imposes on plaintiffs the obligation to establish that their disease was caused by specific friction materials and linings which were supplied by the defendant, and not general exposure to asbestos in the workplace. Causation The most difficult challenge facing defendants in asbestos cases is the need to prove causation. It is generally accepted that exposure to asbestos-containing materials is a cause of mesothelioma and various other diseases, however, the law requires plaintiffs to prove the specific exposure to products produced by specific defendants in order to prevail on their claims. This is a difficult standard to meet, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since Parker, New York courts struggle to apply the rules from the case. In 2016, for example, the First Department in Matter of NYC Asbestos Litigation (Juni) found that a plaintiff's testimony that he “regularly exposed” himself to asbestos-containing friction products was not sufficient under Nemeth to establish a specific causality. Juni has placed a heavy burden on defendants and may force them pay a lower amount than they are entitled. An attorney for mesothelioma in NYC can explain the advantages of filing a suit and your options for financial restitution if you are 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 6% of all national asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma in the state. The majority of patients were workers or contractors exposed to asbestos in industrial applications. Symptoms of mesothelioma are not typically evident until 25 to 50 years after the initial exposure. Many asbestos patients are fighting for the compensation they require for medical expenses loss of wages, companionship loss, among other damages. It is crucial to file your mesothelioma suit promptly, but it is also vital to work with a mesothelioma lawyer who can assist you in obtaining the highest amount of financial compensation. Contact a mesothelioma attorney in NYC today to schedule a free, no-obligation consultation. Your attorney will be able to discuss your rights to financial compensation from an asbestos trust fund. Damages If you suffer from mesothelioma or another asbestos-related illness, a successful lawsuit may pay your family members for their losses. Compensation can cover medical bills, income loss from being unable, 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 examine the parties responsible and collect evidence to support your claims. After that, your lawyer will bring a lawsuit in civil court before your state's statute of limitations expires. The courts are familiar with asbestos lawsuits and have specialized dockets to help streamline the process. They speed up trials for terminally ill plaintiffs and group similar cases. In addition the judges who handle these cases are aware of the heightened 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 nation's hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer that is caused by exposure to hazardous asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies that exposed workers to the cancer-causing substance have aided in compensating victims for their suffering. In addition to compensating victims of mesothelioma and the other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damage awards that are in addition to compensatory damages. They are designed to deter the defendant's conduct in the future and deter others from participating in a similar course of action. The NYCAL decision gives defendants hope that they can avoid punitive damages. Prior to this, they faced the possibility of huge judgments in these cases according to the prevalent view that their conduct was so indefensible that they had to pay punitive damages to prevent others from following suit. Now, with the ruling in favor of plaintiffs, firms named as defendants in NYCAL cases can expect to be dismissed in a substantial portion of their cases. This is because even if they're dismissed, they will need to incur legal fees to defend a case they didn't deserve to be involved in.