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Asbestos Litigation Defense

Cetrulo LLP is widely recognized as an industry leader in asbestos litigation defense. The firm's lawyers regularly speak at national conferences and are well-versed in the myriad of issues that arise in asbestos litigation such as jurisdictional Case Management Orders and expert selection.

Research has proven that asbestos exposure can cause lung damage and cause lung disease. This includes mesothelioma as other lesser illnesses like asbestosis and pleural plaques.

Statute of limitations

In most personal injury cases the statute of limitations sets a deadline for the length of time that follows an accident or injury the victim is allowed to bring an action. In asbestos cases, the statute of limitations differs according to the state. They are also different from other personal injury lawsuits because asbestos law & litigation-related diseases can take years to be apparent.

Due to the delayed nature of mesothelioma and other asbestos-related diseases, the statute of limitations clock starts at the date of diagnosis (or death, in wrongful death cases) rather than at the date of exposure. This discovery rule is why victims and their family members need to work with a reputable New York mesothelioma lawyer as soon as they can.

There are many factors to consider when making an asbestos lawsuit. The statute of limitations is one of the most important. The statute of limitations is the time limit that the victim has to start a lawsuit. Failure to do so could result in the case being barred. The statute of limitations varies from state to state and laws vary greatly. However, most allow between one and six years after the time that the victim was diagnosed.

In an asbestos-related case in which the defendants are involved, they will typically try to use the statute of limitations to defend against liability. They may say for instance that plaintiffs should have been aware or had knowledge of their asbestos litigation group exposure and Asbestos Law and Litigation had an obligation to notify their employer. This is a common argument used in mesothelioma lawsuits and it can be difficult to prove for the victim.

A defendant in an asbestos law and litigation [visit the up coming webpage] case could also argue that they did not have the resources or means to warn about the dangers of the product. This is a difficult case and depends largely on the evidence available. For instance, it has been successfully made in California that the defendants did not possess "state-of-the-art" knowledge and could not be expected to give adequate warnings.

Generally speaking, it is preferential to file the asbestos lawsuit within the state where the victim's residence. In certain circumstances, it may make sense to make a claim in a state other than the victim's. It usually has to do with the location of the employer or the location where the employee was exposed to asbestos.

Bare Metal

The defense of bare metal is a tactic used by equipment manufacturers in asbestos litigation. The bare metal defense asserts that, because their products left the plant as bare steel, they did not have a duty to warn about the dangers of asbestos-containing materials later added by other parties, for instance thermal insulating and flange seals. This defense is recognized in some jurisdictions but not everywhere.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries changed the rules. The Court did not accept the manufacturers' preferred bright line rule, and instead created the new standard under which a manufacturer has a duty to inform consumers if they know that its product is likely to be harmful for the purpose it was designed for and has no reason to believe that its final users will realize that risk.

While this change in law may make it harder for plaintiffs to win claims against manufacturers of equipment, it's not the end of the story. First it is that the DeVries decision does not apply to state-law claims founded on negligence or strict liability, and are not covered under federal maritime law statutes, such as the Jones Act or the Maritime Claims Act.

Plaintiffs will continue to pursue a wider understanding of the bare-metal defense. For example in the asbestos MDL case in Philadelphia the case has been remanded to an Illinois federal court to decide whether the state of Illinois recognizes the defense. The deceased plaintiff in that claim was a carpenter, and was exposed to switchgear and turbines in a Texaco refinery which contained asbestos-containing components.

In a similar case a judge in Tennessee has indicated that he is likely to take a different view of the bare metal defense. The plaintiff in that case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma following working on equipment that was repaired or replaced by third-party contractors, including the Equipment Defendants. The judge in the case decided that the bare metal defense is applicable to cases similar to this. The Supreme Court's DeVries decision will affect the way judges use the bare-metal defense in other situations.

Defendants' Experts

Asbestos lawsuits are complex and require skilled lawyers with a deep knowledge of legal and medical issues, as well as access to top experts. EWH attorneys have decades of experience in asbestos litigation, which includes investigating claims, preparing strategies for managing litigation and budgets, identifying and bringing in experts, and defending plaintiffs and defendants with expert testimony in trials and depositions.

Typically asbestos cases require testimony of medical professionals like pathologists and radiologists who can testify about X-rays or CT scans that reveal scarring of the lung tissue that is typical of asbestos exposure. A pulmonologist can be able to testify about symptoms, such as difficulty in breathing, that are similar to mesothelioma and other asbestos-related diseases. Experts can also provide detailed history of work performed by the plaintiff, which includes a review of job, union tax, social security documents.

A forensic engineering or environmental scientist may be required to clarify the source of the asbestos exposure. Experts from these fields can assist defense attorneys argue that the asbestos exposure was not at the workplace, but brought home by workers' clothing or the outside air.

Many attorneys representing plaintiffs hire economic loss experts to determine the monetary losses incurred by victims. These experts can calculate how much money a victim has lost due to disease and the impact it has had on their life. They can also testify about costs like medical bills and the cost of hiring someone to do household chores that a person is no longer able to perform.

It is important that defendants challenge plaintiffs expert witnesses, especially in the event that they have testified on dozens or hundreds of asbestos claims. If they repeat their testimony, the experts may lose credibility among jurors.

Plaintiffs in asbestos cases may also request summary judgment if they show that the evidence doesn't establish that the plaintiff suffered injuries from exposure to the defendant's product. A judge will not grant summary judgement just because a defendant identifies holes in the plaintiff's proof.

Trial

Due to the latency issues involved in asbestos cases, it can be difficult to make an accurate discovery. The time between exposure and Asbestos Law and Litigation the appearance of disease can be measured in years. Therefore, determining the facts that will create a case, requires a thorough review of the entire work history. This involves a thorough review of the individual's social security, tax, union and financial records, as well as interviews with family members and coworkers.

Asbestos-related victims are often diagnosed with less serious illnesses like asbestosis prior to a mesothelioma diagnosis. Because of this the ability of a defendant to prove that the plaintiff's symptoms could be due to a different illness than mesothelioma is valuable in settlement negotiations.

In the past, certain attorneys employed this strategy to avoid responsibility and receive large sums. However, as the defense bar has grown the strategy has been generally rejected by the courts. This is particularly true in federal courts, where judges regularly dismiss claims based on the absence of evidence.

Because of this, an in-depth analysis of each potential defendant is essential for an effective asbestos defense. This includes evaluating both the severity and length of the disease as well as the nature of the exposure. For instance carpenters with mesothelioma will likely be awarded higher damages than a person who has only suffered from asbestosis.

The Bowles Rice Asbestos Litigation Team defends asbestos-related litigation on behalf of manufacturers suppliers and distributors contractors, employers, and property owners. Our attorneys have extensive experience serving as National Trial and National Coordinating Counsel, and are frequently appointed by courts as liaison counsel to handle the prosecution of asbestos dockets.

Asbestos litigation can be complicated and expensive. We help our clients understand the risks associated with this type of litigation and collaborate with them to develop internal programs designed to proactively identify potential liability and safety concerns. Contact us today to learn more about how our company can safeguard your company's interests.