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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 disease with a long latency is the second most common mesothelioma case nationwide in the year 2019. Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions are likely to result in extensive summary judgment motion practice focusing on the defendant's fiber/cc tests and expert reports putting 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. Expert witness fees can account for a large percentage of the total costs involved in asbestos litigation. Lawyers for both sides could spend a lot of time in preparation to confront an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants research and vet possible experts prior to contacting them. Failure to do this can result in a shaky Daubert Challenge and lost cases. New York has a rich industrial past, and many workers have been exposed to toxic asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and cancer of the lung. They may seek compensation from the companies who exposed them to asbestos. Asbestos lawsuits are a regular event in New York, and judges are aware of the issues that arise. The courts, for example speed up trials for terminally ill plaintiffs and consolidate cases when necessary to cut down on trial costs. The courts also periodically review their discovery process to ensure that they are effective and current. In a case that is notable, Brown v. Weitz & Luxenberg in which the First Department held that conclusory statements of exposure cumulatively made from plaintiffs' experts were insufficient to establish the causality in an asbestos case. The defendants filed an appeal, and a decision is expected in the near future. The court's decision is likely to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials that encourage victims to file asbestos lawsuits, promising huge settlements. The specialized litigation has been particularly lucrative for plaintiffs' lawyers who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges that relate to the millions of dollars he earned by directing asbestos cases to his firm. New Yorkers must continue to be vigilant at work and in their communities regarding asbestos exposure. Asbestos lawsuits have been increasing and New York is one of most prominent jurisdictions for mesothelioma verdicts. Summary Judgment A New York asbestos lawyer can assist you in obtaining the settlement you deserve. Asbestos exposure could lead to serious illnesses like mesothelioma or lung cancer. These diseases are agressive and have a long latency period, meaning that victims may start experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are Henderson asbestos lawsuits that workers can take to reduce the risk of asbestos exposure and future illnesses. In recent years the asbestos litigation landscape has seen significant changes. The most significant development came in 2015, when New York's political establishment was shaken to its core by the conviction on federal corruption charges against former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secret employment at the law firm Weitz & Luxenberg. He made millions in 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 manager of the NYCAL docket in 2021 amid reports that she had provided 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 made it difficult for defendants to obtain summary judgment. In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead, it demanded plaintiffs prove causality with enough scientific evidence from their experts. This ruling gives New York asbestos defense attorneys an effective tool to defend against claims of speculative and fraudulent claims. In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and the products to which they were exposed. In this ruling plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings provided by the defendant, not general exposure to asbestos in the workplace. Causation The defendants will need to prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to asbestos-containing substances causes mesothelioma, among other diseases, but the law requires plaintiffs to prove specific exposure to products manufactured by specific defendants in order to prevail on their claims. This is a tough 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 outlined in this 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 requirement of specific causality under Nemeth. Juni has placed a significant burden on defendants, and could oblige them to settle their claims at a lower amount than they are entitled. A mesothelioma lawyer in NYC can explain the benefits of filing a suit and the options for restitution in the event that you are diagnosed with mesothelioma or any other asbestos-related diseases. New York state was the second most popular jurisdiction for mesothelioma-related lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. It is estimated that up to 13,000 patients have been diagnosed with mesothelioma in the state. The majority of the victims have been workers or contractors who were exposed to asbestos as it was being used in industrial applications. The signs of mesothelioma generally do not appear until 25 to 50 after the initial exposure. Many asbestos patients are fighting to get the compensation they require to cover medical expenses and lost wages, as well as loss of companionship and other losses. While it is crucial to file a mesothelioma lawsuit in a timely manner however, it is equally important to work with an experienced mesothelioma lawyer who will help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC today to set up a free, no-obligation consultation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund. Damages If you have mesothelioma, or any other asbestos-related illness, a successful lawsuit could pay for the losses of your family. Compensation could pay for medical bills, lost income due to being unable to work and home care expenses, pain and suffering, mental anxiety and loss of quality of life, and funeral and burial expenses. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. After that, your lawyer will file a lawsuit in civil court before the time limit expires. The courts have specialized dockets for asbestos cases to streamline the process. They speed up trials for terminally ill plaintiffs, and group similar cases. In addition the judges who decide these cases are aware of the higher risk of asbestos exposure and are trained to ensure that justice is served. According to a recent study, New York City is a national hub for asbestos litigation. Asbestos victims have received billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal caused by exposure to dangerous asbestos fibers. It is a rare, incurable cancer. However lawsuits filed against companies that exposed workers to asbestos fibers have led to compensation for victims. In addition to compensating victims of mesothelioma as well as other asbestos-related diseases, these lawsuits are aimed at securing the retribution of corporate wrongdoers. The lawsuits seek punitive damages which are given in addition to compensatory damages. They are designed 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 can avoid punitive damage awards. They faced the prospect of large judgments in the past in the belief that their conduct had been so egregious, that they had to pay damages for punitive harm to deter other people from following their example. With the decision in favor of plaintiffs, it is likely that many of the businesses named as defendants will be disqualified. Even if they are dismissed but they'd still have to pay legal fees to defend a case that they didn't have a right to be involved in.