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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 period is the second most prevalent mesothelioma case nationwide in the year 2019. Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions are likely to result in a large number of summary judgment motions based on test results of the defendant's fiber/cc and expert reports that put any exposure that can be deemed respirable below an exposure threshold in the ambient. Expert Testimony New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Asbestos litigation can be extremely expensive and expert witness costs make up a significant portion of the total cost. 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. For this reason, it is important for litigants to thoroughly research and vet potential experts in advance. In the absence of doing so, it could result in a failed Daubert challenge or losing cases. New York has a rich industrial history, and many workers have been exposed to toxic asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma and lung cancer. They can seek compensation from the businesses who exposed them to asbestos. Asbestos suits are quite 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 needed to reduce trial costs. In addition, courts regularly review their discovery procedures to ensure that they are up-to-date and efficient. In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory cumulative exposure statements by the plaintiffs experts were not sufficient 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 an impact on asbestos litigation across New York. At present, mesothelioma lawyer firms fill the air with ads urging victims to file asbestos lawsuits, promising huge settlements. The niche litigation has proven particularly lucrative for plaintiffs' attorneys who have paid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges related to the millions of dollars he made from directing asbestos cases towards his firm. New Yorkers must continue to be vigilant in their workplaces, and communities about asbestos exposure. Asbestos-related lawsuits are on the increasing and the state is one of the top jurisdictions for mesothelioma cases. Summary Judgment A New York asbestos lawyer can assist you in obtaining the settlement you deserve. Asbestos exposure often leads to serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive and have a long time of latency, meaning that victims may only have begun experiencing symptoms as recently as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and avoid a recurrence of disease. There have been Buffalo asbestos attorneys of significant changes in the asbestos litigation scene in recent years. The most significant development came in 2015 when the political establishment was shaken to its core following the conviction on federal corruption charges brought against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his secretly working at the law firm of Weitz & Luxenberg, which he used to earn millions of dollars in referral fees for the firm. The courtroom politics on the NYCAL docket have also shaken up the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time manager of the NYCAL docket in 2021 amid reports that she had given the “red carpet treatment” to asbestos claims brought by Weitz & Luxenberg. Following this reshuffle, Justice Peter Moulton has taken the reigns of NYCAL. His rulings 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 reality, rejecting the cumulative exposure theory that was becoming popular in the court case and requiring plaintiffs to prove specific causation by proving it through scientific expression by their experts. This decision provides New York asbestos defense attorneys a powerful tool to defend against allegations of fraudulent and speculative claims. In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to require plaintiffs to establish a causal connection between asbestos-related diseases and the products to which they were exposed. The decision imposes plaintiffs with the responsibility to prove that their illness was caused by the specific friction materials and linings which were supplied by the defendant, not general exposure to asbestos in the workplace. Causation The defendants will have to prove that asbestos caused the disease. It is generally accepted that exposure to asbestos-containing substances is a cause of mesothelioma and other illnesses, but the law requires plaintiffs to establish the specific exposure to products produced by particular defendants in order to be successful in their claims. This is a challenging standard to meet, particularly in NYCAL, where a single judge is responsible for the entire NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the rules from that case. In 2016, the First Department in Matter of NYC Asbestos Litigation, (Juni) decided that an expert's testimony that plaintiff “regularly” exposed himself to products for friction that contained asbestos was not sufficient to establish the requirements of causality specific to Nemeth. Juni has placed a significant burden on defendants in NYCAL and may oblige them to settle their claims at a lower amount than they are entitled to. A mesothelioma lawyer from NYC can explain to you the benefits of filing a lawsuit and your options to receive financial compensation if you have been diagnosed with mesothelioma. New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. Around 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were workers or contractors exposed to asbestos in industrial settings. The signs of mesothelioma generally do not appear until 25 to 50 after the initial exposure. Many asbestos patients are fighting for the compensation they need to cover medical expenses loss of wages, companionship loss, in addition to other damages. While it is crucial to make a mesothelioma claim promptly but it is also essential to partner with a seasoned mesothelioma attorney who can help you obtain the maximum amount of financial compensation that you can. Call a mesothelioma attorney in NYC to schedule a free appointment that is no-obligation. Your lawyer can help you determine if you are eligible for financial compensation from an asbestos trust. Damages If you're suffering from mesothelioma or any other asbestos-related illness A successful lawsuit can compensate your family for your losses. Compensation could cover your medical bills, income loss from being unable, home care expenses as well as pain and suffering mental anxiety, loss of quality of life, as well as funeral and burial costs. An experienced New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. After that, your lawyer will start a civil lawsuit in court before your state's statute of limitations expires. The courts have specialized dockets for asbestos cases to streamline the process. They accelerate trials for plaintiffs who are terminally ill and put similar cases together. Judges who handle these cases have been instructed to ensure justice and are aware of the increasing risk of asbestos exposure. According to a recent study, New York City is the nation's hub for asbestos litigation. Asbestos victims received billions in settlements and verdicts. Mesothelioma is a fatal cancer is caused by asbestos fibers. It is a rare and incurable disease, however lawsuits filed against companies who exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering. These lawsuits aim to penalize corporate wrongdoers as as compensating victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. They are designed to deter the defendant's actions in the future, and discourage others from taking part in a similar course of action. The NYCAL decision gives defendants hope that they will avoid punitive damage awards. Prior to this, they faced the possibility of huge judgments in these cases according to the popular belief that their conduct was so indefensible that they must pay punitive damages to deter others from committing the same crime. With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases could be dismissed in a large portion of their cases. Even if they were to be dismissed, they would still have to pay legal fees to defend a case that they didn't deserve to be in.