What are the common legal strategies used in asbestos-related cases?

In asbestos-related cases in New York, common legal strategies include settling the case out of court, filing a motion to dismiss the case, finding alternative defendants, and filing a motion for summary judgment. In some cases, plaintiffs may also try to renegotiate a settlement with the defendant. When settling out of court, both parties can avoid the costs and risks associated with a trial. Additionally, both parties are able to negotiate the terms of the settlement. Oftentimes, defendants may be more willing to settle out of court rather than facing a jury trial. Plaintiffs may also file a motion to dismiss the case if the defendant fails to provide sufficient evidence of their negligence. In asbestos litigation, the burden of proof is on the defendant to prove that they are not accountable for the plaintiff’s injuries. If the defendant is unable to prove their innocence, they may try to locate alternative defendants to spread the cost of the damages across multiple parties. Finally, either party in the case may file a motion for summary judgment if they can prove that the case has no merit or that there is no dispute about the facts in the case. This type of motion is often used in asbestos litigation cases to quickly resolve the case without going to trial. Overall, the common legal strategies used in asbestos-related cases in New York include settling out of court, filing a motion to dismiss, finding alternative defendants, and filing a motion for summary judgment. Each strategy has its own pros and cons, and it is important to consider all of the options before making a decision.

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