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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 periods. Recent NYCAL decisions will have a significant impact on the defense of asbestos suits. These decisions will likely result in a large number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that put any respirable exposure under an ambient exposure threshold. Expert Testimony New York asbestos lawyers rely heavily on expert witness testimony to prove their clients' claims. Expert witness fees can make up a significant proportion of total costs in asbestos litigation. Both sides could spend hundreds of hours preparing to question an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants conduct thorough research and vet possible experts prior to interviewing them. In the absence of doing so, it could result in a failed 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 diseases, including mesothelioma and lung cancer. People who have been affected by these diseases can recover compensation from the companies who exposed them to asbestos. Asbestos lawsuits are a regular event in New York, and judges are well-versed in the issues involved. Kansas City asbestos lawsuit , for instance, expedite trials in cases of terminally ill plaintiffs and consolidate cases when necessary to cut down on the cost of trial. The courts also periodically examine their discovery procedures to ensure that it is effective and current. In a landmark case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements of plaintiffs' experts were not sufficient to establish the causality. The case was then appealed by the defendants, and a decision is expected in the near future. The court's decision is expected to have a profound impact on asbestos litigation in New York. There are currently mesothelioma-specific law firms fill the air with commercials urging victims to make asbestos lawsuits and promise huge settlements. The niche litigation has proven 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 relating to the millions of dollars he earned from directing asbestos cases to his firm. In addition to these legal developments, New Yorkers need to remain vigilant about possible asbestos exposure in their workplaces and communities. 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 help you obtain the compensation you deserve. Asbestos exposure could lead to serious illnesses like mesothelioma and lung cancer. These diseases are extremely serious and have a long period of latency. This means that victims may not have started suffering from symptoms until 20 or 25 years following their initial exposure. There are ways for workers to protect themselves against asbestos exposure and prevent future illness. There have been a number of significant changes in the asbestos litigation environment in recent years. The most significant change came in 2015 when the 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 shady work 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 replaced as the longtime manager of NYCAL docket in 2021 following reports that she had provided the “red carpet treatment” to asbestos claims brought by Weitz & Luxenberg. In the wake of this shakeup, Justice Peter Moulton has taken the charge of NYCAL. His decisions have made it difficult for defendants to obtain summary judgement. In Juni, the Court of Appeals gave NYCAL a hard dose of reality by rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it demanded that plaintiffs establish a specific causality with enough scientific evidence from their experts. This ruling gives New York asbestos attorneys a strong argument against claims that claim they are fraud or speculative. In Reid in Reid Abex, the Court of Appeals also gave asbestos defense lawyers support for their efforts to require plaintiffs to prove that there is a causal link between their asbestos-related disease and the specific substances they were exposed to. In this ruling, plaintiffs are required to prove that their asbestos-related illness was caused by specific friction materials or linings supplied by the defendant, rather than general workplace exposure to asbestos. Causation The biggest challenge for 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 lead to mesothelioma or other illnesses. However the law requires plaintiffs to demonstrate specific exposure to the products produced by certain defendants in order for their claims to be successful. This is a difficult 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 the 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 establish a specific causation. Juni has placed a huge burden on defendants, and could force them to settle their claims for an amount lower than they are entitled. A mesothelioma attorney in NYC can explain to you the benefits of filing suit and your options for financial compensation if you have been diagnosed with mesothelioma. New York state was the second most popular state for mesothelioma-related lawsuits in 2019 and is responsible for 6percent of all asbestos litigation. It is estimated that as many as 13,000 people have been diagnosed with mesothelioma within the state. The majority of victims were contractors or workers exposed to asbestos in industrial applications. Symptoms of mesothelioma are not typically evident until 25 to 50 years after the first exposure. Many asbestos victims are fighting to get the compensation they require to cover medical expenses, lost wages and companionship loss, in addition to other damages. It is essential to file your mesothelioma suit in a timely fashion however, it is important to consult an attorney for mesothelioma who can help you seek the highest amount of financial compensation. Contact a mesothelioma lawyer from NYC today to schedule your free, no-obligation consultation. Your attorney will be able to 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 provide your family with compensation for their losses. Compensation could pay for medical bills, income loss due to being unable to work, home care expenses as well as pain and suffering mental anxiety, loss of quality of life, and funeral and burial expenses. An experienced New York asbestos lawyer will look into the responsible parties to gather evidence and support your claim. After this, your lawyer may file a lawsuit in civil court before the time limit expires. The courts have specialized dockets for asbestos cases that streamline the process. They expedite trials for terminally-ill plaintiffs, and group similar cases. Additionally the judges who decide these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure that justice is done. According to a study conducted recently, New York City is a national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos fibers. It is an uncommon, incurable cancer. However, lawsuits filed against companies that exposed workers to asbestos fibers have resulted in compensation for victims. In addition to compensating the victims of mesothelioma and the other asbestos-related illnesses These lawsuits are also aimed at punishing corporate wrongdoers. These lawsuits seek punitive damage awards, which are in addition to compensatory damages. The lawsuits are designed to discourage the defendant from engaging in similar conduct in the future. The NYCAL decision gives defendants hope that they can avoid punitive damage awards. Prior to this, they been facing the prospect of huge judgments in these cases according to the prevalent view that their conduct was so indefensible that they should be forced to pay punitive damages to deter others from committing the same crime. With the decision in favor of plaintiffs, firms that are named as defendants in NYCAL cases could be dismissed in a substantial portion of their cases. Even if they were dismissed however, they will still need to pay legal fees to defend a case they did not deserve to be in.