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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 prolonged latency. Recent NYCAL decisions will have a profound impact on the defense of asbestos suits. These decisions could result in extensive summary judgment motions focusing on the defendant's fiber/cc tests and expert reports that place any respirable exposure under an exposure threshold for ambient conditions. Expert Testimony New York asbestos attorneys rely heavily on the testimony of expert witnesses to support their client's claims. Expert witness fees can account for an enormous portion of total cost of asbestos litigation. Both sides can spend hundreds hours in preparation to question an expert. Experts can charge thousands of dollar per day. It is therefore important that litigants examine and verify potential experts prior to contacting them. In the absence of doing so, it could result in a failure of the Daubert challenge and lost cases. New York has had a long industrial history. Many workers were exposed to asbestos. Many of these workers have developed asbestos-related illnesses, such as mesothelioma and cancer of the lung. These workers can seek compensation from the businesses who exposed them to asbestos. Asbestos lawsuits are an everyday in New York, and judges are well-versed in the issues that arise. For example, the courts speed up trials for sick plaintiffs, and they often consolidate cases to reduce trial expenses. Additionally the courts are regularly reviewing their discovery procedures to ensure they are up-to-date and effective. In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts were not sufficient to establish causation. The case was then appealed by defendants, and a decision is expected soon. The court's decision is expected to have a significant impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with ads urging victims to bring asbestos lawsuits, promising giant settlements. The niche litigation was especially lucrative for plaintiffs’ attorneys who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges relating to the millions he earned by the asbestos cases he directed to their firm. In addition to these legal developments, New Yorkers need to continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits have been on the rise and New York is one of the top jurisdictions for mesothelioma cases. Summary Judgment A New York asbestos lawyer can help you obtain the compensation you're due. Asbestos exposure often leads to serious diseases, including mesothelioma and cancer of the lung. These illnesses are extremely serious and have a long latency period which means that the victims could be experiencing symptoms as recently as 20 or 25 years after the initial exposure. There are steps that workers can take to prevent asbestos exposure and the development of a future disease. In recent years the asbestos litigation scene has seen a number of significant changes. The most significant development came in 2015 in which the New York political establishment was shaken to the 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 utilized this to earn millions in referral fees. The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. Justice Sherry Klein Heitler was removed as the long-time director of the NYCAL docket in 2021 amidst reports that she had provided the “red carpet treatment” to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the following shake-up. His decisions have placed a heavy burden on defendants, making it nearly impossible for them to obtain summary judgment. In Juni, the Court of Appeals gave NYCAL a hefty dose of reality by denying the theory of cumulative exposure that was popular in the litigation. Instead, Fontana asbestos lawyers demanded that plaintiffs establish a specific causation using sufficient scientific proof from their experts. This ruling gives New York asbestos attorneys a powerful weapon to defend against claims that claim to be speculative or fraudulent. In Reid In Reid Abex the Court of Appeals supported asbestos defense lawyers in their efforts to force plaintiffs to establish a causal connection between asbestos-related diseases and products to which they were exposed. The decision imposes plaintiffs with the responsibility to prove that their illness was caused by specific linings and friction materials which were supplied by the defendant, and not general exposure to asbestos in the workplace. Causation The defendants must prove that asbestos contributed to the disease. It is generally accepted that a person's exposure to certain asbestos-containing materials can cause mesothelioma, among other diseases, but the law requires plaintiffs to prove specific exposure to products manufactured by particular defendants in order to prevail on their claims. This is a tough standard to meet, especially in NYCAL where a single judge oversees all NYC asbestos litigation. In the 16 years that have passed since Parker, New York courts have struggled to apply the principles from that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni) ruling the testimony of an expert that a plaintiff “regularly” exposed himself to friction products that contained asbestos was not sufficient to satisfy the requirement of specific causality under Nemeth. Juni has imposed a substantial burden on defendants in NYCAL and could oblige them to 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 you 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. It is estimated that as many as 13,000 patients have been diagnosed with mesothelioma in the state. Most of the victims have been workers or contractors who were exposed to asbestos because it was being used in industrial applications. The symptoms of mesothelioma usually don't manifest until between 25 to 50 years after the initial exposure. Many asbestos patients are battling to obtain the compensation they require to pay for medical expenses and lost wages, as well as loss of companionship, and other damages. It is crucial to file your mesothelioma claim in a timely manner however, it is important to consult a mesothelioma lawyer who can assist you in obtaining the most monetary restitution. Contact a mesothelioma lawyer in NYC to set up a no-cost appointment, no-obligation. Your lawyer can assist you determine if you're qualified for financial compensation from an asbestos trust. Damages If you're suffering from mesothelioma, or another asbestos-related disease, a successful lawsuit could pay your family members for their losses. Compensation could cover medical expenses, lost wages due to inability to work, home care expenses, mental stress and suffering loss of quality funeral and burial costs, and other expenses. A seasoned New York mesothelioma attorney will investigate the responsible parties and gather evidence to back your claims. After this, your lawyer may bring a lawsuit in civil court before the state's statute of limitations 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. The judges who are handling these cases are trained to ensure justice and are aware of the increasing risk of asbestos exposure. According to a recent study, New York City is the national center for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a cancer that can be fatal that is caused by exposure to hazardous asbestos fibers. It is a rare, incurable disease, but lawsuits against companies who exposed workers to the cancer-causing substance have aided in compensating victims for their suffering. 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 granted in addition to compensatory damages. The lawsuits are designed to discourage the defendant from repeating the same conduct in the future. The NYCAL decision gives defendants hope that they can avoid punitive damages. They were in danger of huge judgments in the past on the basis that their conduct was so indecent that they would have to pay punitive damages to discourage others from following their example. With the ruling in favor plaintiffs, it is likely that many of the businesses named as defendants will be reprimanded. This is because, even if they are dismissed, they will need to incur legal costs to defend a case that they didn't deserve to be involved in.