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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 will have a profound impact on the defense of asbestos lawsuits. These decisions could 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 ambient exposure threshold. Expert Testimony New York asbestos lawyers rely heavily on expert witness testimony to support their clients claim. Expert witness fees can make up a significant proportion of total cost of asbestos litigation. Lawyers for both sides could spend hundreds of hours in preparation to question an expert, and experts can charge thousands of dollars per day. This is why it is essential for litigants to study and evaluate potential experts prior to hiring them. Failure to do this could result in a failed Daubert challenge or losing cases. New York has a rich industrial past, and a lot of workers have been exposed to toxic asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma or lung cancer. They can seek compensation from the businesses who exposed them to asbestos. Asbestos lawsuits are a common occurrence in New York, and judges are well-versed in the issues involved. For instance, courts speed up trials for patients, and often combine cases to cut down on trial expenses. The courts also periodically examine their discovery procedures to ensure that it is effective and up-to date. 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 causality. The case was appealed by defendants, and a decision is expected to be issued soon. The court's decision is expected to have a major impact on asbestos litigation in New York. The mesothelioma lawyers are currently bombarding daytime television with commercials that encourage asbestos victims to file lawsuits, promising huge settlements. The niche litigation was especially lucrative for plaintiffs' lawyers who paid millions in referral fees to Sheldon Silver. Silver was recently convicted of federal corruption charges in relation to the millions he earned by directing asbestos cases to their firm. New Yorkers should be vigilant at work, and communities about asbestos exposure. Asbestos-related lawsuits are on the increasing, and New York is among the top jurisdictions for mesothelioma verdicts. Summary Judgment A New York asbestos attorney can assist you in obtaining the compensation that you deserve. Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and lung cancer. These diseases are aggressive and have a long time of latency which means that patients may be feeling symptoms as recent as 20 or 25 years after their initial exposure. There are steps workers can take to prevent asbestos exposure and future disease. A number of major changes have taken place in the asbestos litigation environment in recent years. The most significant change occurred in 2015 when the political establishment was shaken to the core following the conviction on federal corruption charges brought against the 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 of referral fees. The new Albany landscape has also been shattered by the courtroom political machinations of the NYCAL docket. 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. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it more difficult for defendants to obtain the benefit of a summary judgement. In Juni, the Court of Appeals dealt NYCAL a harsh dose of reality, renouncing the cumulative-exposure theory that had become fashionable in the court case and requiring plaintiffs to prove specific causation by proving it through scientific explanation 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 supported asbestos defense lawyers in their efforts to force plaintiffs to prove a causal link between asbestos-related diseases and the products to which they were exposed. This decision places plaintiffs with the obligation to establish that their disease 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 most significant challenge facing asbestos defendants is the need to prove causation. It is generally accepted that a person's exposure to certain asbestos-containing materials is a cause of mesothelioma and various other diseases, however, the law requires plaintiffs to establish the specific exposure to products produced by particular defendants to be successful in their claims. This is a tough standard to meet, particularly in NYCAL where a single judge oversees all 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, for instance the First Department in Matter of NYC Asbestos Litigation (Juni) ruled that a plaintiff's expert declaration that he “regularly exposed” himself to friction products containing asbestos was not sufficient under Nemeth to satisfy a specific causation. Juni has placed a huge burden on defendants, and could oblige them to pay less than what they are entitled to. A mesothelioma attorney in NYC can explain the advantages of filing a suit and your options for restitution in the event that you're diagnosed with mesothelioma or other asbestos-related illnesses. New York state was the second most popular jurisdiction for mesothelioma lawsuits in 2019 and handles about 6% of the national asbestos litigation. As many as 13,000 people have been diagnosed with the disease in New York. Most of the victims are contractors or workers who were exposed to asbestos because it was employed in industrial applications. The signs of mesothelioma generally do not appear until 25 to 50 after the initial exposure. Many asbestos patients are fighting to get the compensation they need to cover medical expenses as well as lost wages, loss of companionship and other losses. It is essential to file your mesothelioma suit in a timely manner, but it is also essential to work with mesothelioma lawyers who can assist you in obtaining the highest amount of financial compensation. 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 for financial compensation from an asbestos trust. Damages If you're suffering from mesothelioma or another asbestos-related disease, a successful lawsuit may compensate your family for your losses. Compensation can cover medical bills, lost income from being unable, home care expenses as well as pain and suffering, mental anguish, 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 can file a lawsuit in civil court before your state's statute of limitations runs out. The courts have specialized dockets for asbestos cases in order to speed up the process. They expedite trials for terminally-ill plaintiffs and group similar cases. Additionally the judges who handle these cases are aware of the increased risk of asbestos exposure and are trained to ensure justice is done. According to a study conducted recently, New York City is the national hub for asbestos litigation. Asbestos-related victims received billions of dollars in settlements and verdicts. Athens asbestos attorneys , a deadly cancer is caused by asbestos fibers. It is a rare, incurable type of cancer. However, lawsuits filed against companies who exposed workers to asbestos fibers have resulted in compensation for victims. In addition to compensating the victims of mesothelioma as well as other asbestos-related diseases the lawsuits aim at punishing corporate wrongdoers. These lawsuits seek punitive damages awards, which are 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 will avoid punitive damage awards. Prior to this, they faced the possibility of huge judgments in these cases, with the prevailing theory that their conduct was so indefensible that they had to pay punitive damages to deter others from following suit. With the decision in favor of plaintiffs, companies named as defendants in NYCAL cases are likely to be dismissed in a substantial proportion of their cases. Even if they were dismissed, they would still have to pay legal fees to defend a case they did not deserve to be involved in.