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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 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 a significant number of summary judgment motions based upon the defendant's fiber/cc tests and expert reports that place any exposure that can be deemed respirable below an exposure threshold in the ambient. Expert Testimony New York asbestos lawyers rely heavily on expert witness testimony to prove their clients claim. Asbestos litigation can be extremely expensive and expert witness costs represent a significant proportion of total case costs. Lawyers on both sides could spend hundreds of hours prepping to interview an expert, while experts can charge thousands of dollars per day. Therefore, it is essential that litigants research and vet possible experts prior to interviewing them. In the absence of this, it could result in a shaky Daubert Challenge and lost cases. New York has a rich industrial past, and a lot of workers have been exposed to asbestos, which is toxic. Many of these workers have developed asbestos-related diseases, such as mesothelioma, lung cancer, and so on. Those who have been affected by these diseases can recover compensation from the companies that exposed them to asbestos. Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. For instance, courts speed up trials for terminally patients, and often consolidate cases to reduce costs for trial. The courts also review their discovery procedure to ensure that it is effective and up-to-date. In one case of note, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by the plaintiffs experts were not sufficient to establish causation in an asbestos case. The case was appealed by the defendants, and a decision is expected soon. The court's decision is likely to have an impact on asbestos litigation across New York. Currently, specialized mesothelioma law firms saturate the daytime with advertisements urging people to bring asbestos lawsuits, promising huge settlements. The niche litigation was particularly lucrative for plaintiffs’ attorneys who repaid millions of referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he earned by directing asbestos cases to their firm. New Yorkers should continue to be aware in their workplaces, and communities about asbestos exposure. Asbestos lawsuits have been increasing and New York is among the top jurisdictions in mesothelioma verdicts. Summary Judgment A New York asbestos lawyer can help you obtain the compensation you're entitled to. Asbestos exposure can lead to serious diseases like mesothelioma and lung cancer. These illnesses are extremely serious and have a long latency period which means that patients may be feeling symptoms as recent as 20 or 25 years after their first exposure. Fortunately, there are steps that workers can take to protect themselves against asbestos exposure and prevent future illness. Several major changes have occurred in the asbestos litigation environment in recent years. The most significant development came in 2015, when New York's political establishment was shaken to the core by the conviction on federal corruption charges against the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption were a result of his covert employment at the law firm Weitz & Luxenberg. He made millions in 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 NYCAL docket in 2021 amid reports that she had provided the “red carpet treatment” to asbestos-related claims filed by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His decisions have placed a heavy burden on defendants, making it virtually impossible for them to obtain summary judgment. In Juni the year 2003, the Court of Appeals dealt NYCAL with a brutal dose of reality, renouncing the cumulative-exposure theory that was popular in the litigation and requiring plaintiffs to prove specific causation through sufficient scientific expression by their experts. This ruling gives New York asbestos defense attorneys the ability to defend against claims of fraudulent and speculative claims. In Reid in Reid Abex, the Court of Appeals also gave asbestos defense attorneys a boost in their efforts to require plaintiffs to establish the existence of a specific causal connection between their asbestos-related disease and the particular products that they were exposed to. Yakima asbestos lawyers imposes plaintiffs with the obligation to prove that their illness was caused by the specific friction materials and linings that were supplied by the defendant, not general exposure to asbestos in the workplace. Causation The most difficult challenge facing defendants in asbestos cases is the need to prove that there is a causal link. The consensus is that exposure to asbestos-containing materials can cause mesothelioma or other illnesses. However the law requires that plaintiffs prove specific exposure to products made by certain defendants to be successful. This is a difficult standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts struggle to apply the principles from the 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 friction products that contained asbestos was not enough to prove the requirements of causality specific to Nemeth. Juni has placed a significant burden on defendants in NYCAL and could oblige them to settle their claims for less than what they are entitled to. A mesothelioma lawyer in NYC can explain the benefits of filing a lawsuit as well as your options for restitution in the event that you are diagnosed with mesothelioma, or other asbestos-related diseases. New York state was the second most popular state for mesothelioma lawsuits in the year 2019 and handles about 6% of the national asbestos litigation. It is estimated that around 13,000 patients have been diagnosed with mesothelioma within the state. Most of the victims were contractors or employees who were exposed to asbestos because it was used in industrial processes. Symptoms of mesothelioma are not typically apparent until 25 to 50 years after the first exposure. Many asbestos patients are fighting for the compensation they need to pay for medical expenses as well as lost wages, loss of companionship, and other damages. While it is crucial to make a mesothelioma claim in a timely manner but it is also essential to partner with a seasoned mesothelioma lawyer who will assist you in obtaining the highest amount of financial compensation that you can. Call a mesothelioma attorney in NYC to set up a no-cost, no-obligation appointment. Your attorney can help you determine if you're eligible to receive financial compensation from an asbestos trust. Damages If you suffer from mesothelioma or any other asbestos-related disease, a successful lawsuit may provide your family with compensation for their losses. Compensation could pay for medical expenses, lost income due to being unable to work or take care of your home, pain and suffering, mental anguish, loss of quality of life as well as funeral and burial costs. A seasoned New York asbestos lawyer will examine the parties responsible to gather evidence and prove your claim. Your lawyer can then file a civil lawsuit before the statute of limitations expires in your state. The courts have dockets that are specially designed for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs, and also group similar cases. The judges handling these cases have been instructed to ensure justice and are aware of the higher risk of asbestos exposure. According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos-related victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly form of cancer, is caused by asbestos fibers. It is a rare and fatal disease, but lawsuits against companies that exposed workers to asbestos cancer-causing chemical have led to compensation for victims for their suffering. These lawsuits seek to punish corporate wrongdoers as indemnizing victims of mesothelioma or other asbestos-related illnesses. The lawsuits seek punitive damages, which are given 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 action. The NYCAL decision gives defendants hope that they will stay clear of punitive damages. They were in danger of massive judgments in the past, in the belief that their conduct had been so bad that they had to pay punitive damage awards to discourage others from following suit. With the decision in favor of plaintiffs, companies that are named as defendants in NYCAL cases are likely to be dismissed in a substantial proportion 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 have a right to be involved in.