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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 cancer with a long latency period is the second most common mesothelioma case nationwide in 2019. Recent NYCAL decisions are expected to have a profound impact on the defense of asbestos lawsuits. These decisions could result in extensive summary judgement motion practice focused on the defendant's fiber/cc tests and expert reports placing any respirable exposure below an exposure threshold for ambient conditions. Expert Testimony New York asbestos attorneys rely heavily on the testimony of expert witnesses to prove their clients' claims. Tulsa asbestos attorneys can make up a significant proportion of total costs involved in asbestos litigation. Lawyers on both sides could spend hours in preparation to confront an expert, and experts can charge thousands of dollars per day. For this reason, it is important for litigants to carefully research and vet potential experts prior to hiring them. Failure to do so can result in a failed 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 seek compensation from the companies who exposed them to asbestos. Asbestos suits are commonplace in New York and the judges are knowledgeable about the issue. The courts, for instance, expedite trials in cases of seriously ill plaintiffs and combine cases when necessary to reduce trial costs. The courts also periodically review their discovery procedure to ensure that they are efficient and up-to-date. In one notable case, Brown v. Weitz & Luxenberg, the First Department held that conclusory statements on exposure cumulatively made by plaintiffs experts were not sufficient to establish causation in an asbestos case. The defendants appealed the decision and a decision is expected in the near future. The court's decision is likely to impact asbestos litigation throughout New York. Mesothelioma lawyers have been bombarding daytime television with commercials which encourage asbestos victims to file suits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently found guilty of federal corruption charges related to the millions he made by sending asbestos cases to their firm. In addition to these legal developments, New Yorkers must continue to be aware of the possibility of 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 lawyer can assist you in obtaining the settlement you're entitled to. Asbestos exposure is often the cause of serious diseases, including mesothelioma as well as lung cancer. These diseases are aggressive and have a long period of latency which means that patients may be experiencing symptoms as recently as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and a subsequent illnesses. In recent years, the asbestos litigation landscape has seen a number of significant changes. The most significant development came in 2015 in which the New York political establishment was shaken to its core following the conviction on federal corruption charges of the former Assembly Speaker Sheldon Silver. Silver's convictions for corruption stemmed from his shady work at the law firm Weitz & Luxenberg. He utilized this to earn millions in referral fees. 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 the NYCAL docket in 2021 amid reports that she'd given the “red carpet treatment” to asbestos claims brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it difficult for defendants to obtain summary judgment. In Juni the year 2003, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the cumulative exposure theory that was popular in the litigation. Instead it demanded plaintiffs prove causation with sufficient scientific expression from their experts. This ruling gives New York asbestos defense attorneys an effective tool to defend against allegations of speculative and fraudulent claims. In Reid in Reid 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 products to which they were exposed. In this decision plaintiffs must prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant rather than general exposure to asbestos in the workplace. Causation The defendants will have to demonstrate that asbestos caused the disease. The general consensus is that exposure to asbestos-containing substances can cause mesothelioma or other illnesses. However the law requires that plaintiffs prove specific exposure to products made by certain defendants in order to be successful. This is a tough standard to achieve, particularly in NYCAL where only one judge oversees all NYC asbestos litigation. In the 16 years since the decision of Parker, New York courts have had a difficult time applying the principles of this case. In 2016, for instance, the First Department in Matter of NYC Asbestos Litigation (Juni) decided that a plaintiff's expert declaration that he “regularly exposed” himself to asbestos-containing friction products was not sufficient under Nemeth to satisfy specific causality. Juni has placed a heavy burden on defendants and may make them pay less than what they are entitled to. A mesothelioma attorney in 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 state for mesothelioma lawsuits in the year 2019 and is responsible for about 6% of the national asbestos litigation. Around 13,000 people have been diagnosed with the disease in New York. The majority of victims were workers or contractors exposed to asbestos in industrial settings. The symptoms of mesothelioma usually are not evident until the age of 25 to 50 years after the initial exposure. Many asbestos victims are now fighting for the compensation they need to cover 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 fashion however, it is essential to work with an attorney for mesothelioma who can assist you in seeking the maximum financial restitution. Contact a mesothelioma lawyer in NYC today to schedule your free no-obligation consultation. Your attorney can 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 can compensate your family for your losses. Compensation can cover medical bills, income loss from being unable to work, home care expenses as well as pain and suffering mental anxiety and loss of quality of life and funeral and burial costs. An experienced New York mesothelioma attorney will examine the parties responsible and collect evidence to support your claims. After that, your lawyer can file a lawsuit in civil court before the statute of limitations runs out. The courts have dockets that are specially designed for asbestos cases to streamline the process. They speed up trials for plaintiffs with terminal illnesses and put similar cases together. The judges who are handling these cases are trained to ensure justice and are aware of the higher risk of asbestos exposure. According to a study conducted recently, New York City is the nation's hub for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a fatal cancer caused by exposure to harmful asbestos fibers. It is a rare, incurable illness, but lawsuits brought against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering. These lawsuits aim to punish corporate wrongdoers as in compensating mesothelioma victims or other asbestos-related diseases. The lawsuits seek punitive damages which are given in addition to compensatory damages. The intent of the lawsuits is to discourage the defendant from engaging in similar conduct in the future. The NYCAL decision gives defendants hope that they can avoid punitive damages. Previously, they had been facing the prospect of huge judgments in these cases, according to the prevalent view that their conduct was so egregious that they should be forced to pay punitive damages to prevent others from following their lead. Now, with the ruling in favor of plaintiffs, businesses that are named as defendants in NYCAL cases are likely to be dismissed in a significant percentage of their cases. Even if they were dismissed but they'd still have to pay legal fees to defend a case they didn't deserve to be in.