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Asbestos Litigation Defense

Cetrulo LLP is widely recognized as an industry leader in asbestos litigation defense. The Firm's attorneys regularly speak at national conferences and are knowledgeable in the myriad of issues that arise in the defense of asbestos cases that include jurisdictional Case Management Orders and expert selection.

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

Statute of limitations

In most personal injury cases there is a statute that limits the time period after the date a victim is able to make a claim. In the case of asbestos, the statute of limitations differs by state and differs from in other personal injury claims due to the fact that asbestos-related diseases can take years to show up.

Due to the delay in the development of mesothelioma and other asbestos-related diseases, the statute of limitations begins at the time of diagnosis (or death in cases of wrongful death) instead of the date of exposure. This discovery rule is why victims and their families need to work as soon as they can with an experienced New York asbestos lawyer.

When making an asbestos lawsuit, there are a variety of things that need to be considered. One of the most important is the statute of limitations. The statute of limitations is the time limit by which the victim must start a lawsuit. In the event of a delay, it will result the case being barred. The statute of limitations differs in each state, and laws differ widely in some states, but the majority allow between one and six years from the date the victim was diagnosed with an asbestos law & litigation (learn here)-related illness.

In an asbestos case, defendants often employ the statute of limitations as a defense against liability. They may say for instance that plaintiffs should have been aware or had knowledge of their exposure to asbestos and were under the obligation of notifying their employer. This is an argument that is common in mesothelioma cases, asbestos law & litigation and it can be difficult for the plaintiff to prove.

Another defense that could be used in a asbestos case what is asbestos litigation that the defendants didn't have the resources or the means to inform the public about the dangers associated with the product. This is a complex argument that relies on the evidence available. In California for instance, it was successfully argued that the defendants lacked "state-ofthe-art" information and could not be expected give adequate warnings.

In general, it's better to start an asbestos lawsuit in the state where the victim lives. However, there are certain circumstances where it may be appropriate to file the lawsuit in another state. This is usually to be related to the location of the employer or where the worker was first exposed to asbestos.

Bare Metal

The defense of bare metal is a tactic used by equipment manufacturers in asbestos litigation. It argues that since their products were manufactured as unfinished metal, they had no duty to warn about the dangers of asbestos-containing substances that were added by other parties later, such as thermal insulation and flange gaskets. This defense is a common one 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 bright-line rule of manufacturers and instead formulated an obligation for manufacturers to inform consumers when they are aware that their integrated product is unsafe for its intended purpose. They have no reason to believe that users will realize this danger.

This change in law makes it more difficult plaintiffs to bring claims against equipment manufacturers. However it's not the end of the road. The DeVries decision is not applicable to state-law claims based on strict liability or negligence, and therefore not brought under federal maritime law statutes like the Jones Act.

Plaintiffs will continue to seek a more expansive understanding of the bare-metal defense. For example in the Asbestos MDL case in Philadelphia, a case has been remanded to an Illinois federal court to determine whether the state what is asbestos litigation able to recognize the defense. The plaintiff who died in that case was a carpenter, and was exposed to switchgear and turbines in an Texaco refinery that contained asbestos-containing components.

In the same case in Tennessee, the Tennessee judge has stated that he would adopt the third perspective of bare metal defense. The plaintiff in the case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma while working on equipment that had been repaired or replaced by third-party contractors, including the Equipment Defendants. The judge in the case decided that bare metal defenses are applicable to cases like this. The Supreme Court's DeVries decision will impact how judges apply the bare metal defense in other cases.

Defendants' Experts

Asbestos litigation is complex and require experienced lawyers with a deep knowledge of legal and medical issues, asbestos law & litigation as well as access to top experts. EWH attorneys have years of experience in asbestos litigation, which includes investigating claims, developing strategies for managing litigation and budgets, identifying and hiring experts and defending plaintiffs as well as defendants expert testimony at trials and depositions.

Typically, asbestos cases require the testimony of medical professionals such as pathologists and radiologists who testify on X-rays or CT scans that reveal scarring of the lung tissue that is typical of asbestos exposure. A pulmonologist could be able to testify about symptoms, such as breathing difficulties, which are similar to mesothelioma and other asbestos-related diseases. Experts can provide a thorough description of the plaintiff's employment background, including an investigation of their tax social security documents, union and job information.

It could be necessary to consult an engineer who is forensic or an environmental scientist in order to determine the source of exposure to asbestos. These experts can help plaintiffs argue that the asbestos was not exposed at work and was instead brought home on workers' clothing or from the air outside (a common defense in mesothelioma cases).

Many plaintiffs lawyers will call in economic loss experts to establish the monetary loss suffered by the victims. These experts can calculate the amount of money a person has lost due to their illness and the effect it had on his or her life. They can also testify on expenses such as the cost of medical bills as well as the cost of hiring someone to do household chores that a person cannot perform anymore.

It is crucial that plaintiffs challenge defendants' expert witnesses, particularly when they have testified to hundreds or dozens of other asbestos claims. If they repeat their testimony, these experts could lose credibility with jurors.

In asbestos cases, defendants can also request summary judgment if they can show that the evidence does NOT show that the plaintiff suffered injury due to exposure to the products of the defendant. However, a judge will not accept summary judgment simply because the defendant cites holes in the plaintiff's proof.

Trial

The latency issues involved in asbestos cases mean that obtaining an accurate diagnosis can be nearly impossible. The time between exposure and disease can be measured by decades. To establish the facts on which to base an argument it is important to examine an individual's employment background. This requires a thorough examination of the individual's social security, tax and union financial documents, as well as interviews with family members and coworkers.

Asbestos sufferers are often diagnosed with less serious diseases like asbestosis prior to the diagnosis of mesothelioma. Due to this the capacity of a defendant to show that a plaintiff's symptoms might be caused by a different disease than mesothelioma is valuable in settlement negotiations.

In the past, certain attorneys have used this strategy to deny liability and obtain large amounts of money. However as the defense bar has evolved the strategy has been generally rejected by the courts. This is especially true in the federal courts, where judges have frequently dismissed claims based on the lack of evidence.

A careful evaluation of every potential defendant is crucial to be able to defend effectively in asbestos litigation. This includes assessing the length and nature of the exposure, as well as the severity of any diagnosed disease. For instance, a woodworker who has mesothelioma will likely to suffer greater damages than someone who only has asbestosis.

The Bowles Rice Asbestos Litigation Team regularly defends suppliers, manufacturers contractors, distributors, property owners, and Asbestos litigation cases (http://namiartsedu.Com/bbs/board.php?bo_table=s7_5_eng&wr_Id=456059) employers in asbestos defense litigation related litigation. Our lawyers have years of experience in the role of National Trial and National Coordinating Counsel, and are regularly appointed by courts as liaison counsel to oversee the prosecution of asbestos dockets.

Asbestos litigation can be a bit complicated and expensive. We assist our clients to be aware of the risks associated with this type of litigation and we collaborate with them to create internal programs that will proactively detect liability and safety issues. Contact us today to learn more about how our firm can protect your business's interests.