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Asbestos Litigation Defense

Cetrulo LLP is widely recognized as an industry leader in asbestos litigation defense. The attorneys of the Firm are regularly invited to present at national conferences. They are also well-versed on the many issues that arise in trying to defend asbestos cases.

Research has shown that asbestos exposure causes lung damage and diseases. This includes mesothelioma, as well as lesser diseases 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 injury or accident, the victim is allowed to start a lawsuit. For asbestos the statute of limitations differs by state and is different than other personal injury cases because the symptoms of asbestos-related diseases can take a long time to show up.

Due to the delay in the development of mesothelioma, and other asbestos-related illnesses, the statute of limitation begins at the time of diagnosis, or death in the case of wrongful death instead of the date of exposure. This discovery rule is the reason victims and their families need to work with a reputable New York mesothelioma lawyer as soon as possible.

There are many factors to consider when filing an asbestos lawsuit. One of the most important is the statute of limitations. The statute of limitations is the time limit that the victim has to make a claim. Failure to file a lawsuit will result in the lawsuit being barred. The statute of limitation differs from state to state and the laws differ widely. However, most allow between one and six years after the victim was diagnosed.

In an asbestos-related case when the defendants often attempt to use the statute of limitations as a defense against liability. For instance, they might claim that the plaintiffs knew or should have known about their exposure and therefore had a legal obligation to inform their employer. This is a common argument in mesothelioma cases and can be difficult for the plaintiff to prove.

A defendant in a case involving asbestos could also claim that they didn't have the resources or the means to inform people about the dangers of the product. This is a complex argument that is largely based on the evidence that is available. For example it was successfully argued in California that the defendants did not have "state-of-the-art" expertise and therefore could not be expected to provide adequate warnings.

In general, it is recommended to file the asbestos lawsuit in the state of the victim's home. However, there are circumstances where it may make sense to file the lawsuit in an alternative state. This usually has something to do with where the employer is located or the place where the employee was first exposed to asbestos.

Bare Metal

The"bare-metal" defense is a method used by equipment manufacturers in asbestos litigation. The bare-metal defense claims that since their products left the factory as untreated steel, they did not have a responsibility to warn about the dangers posed by asbestos containing materials added later by other parties, such as thermal insulating seals and flanges. This defense is recognized in certain jurisdictions, but not everywhere.

The Supreme Court's ruling in Air & Liquid Sys. Corp. v. DeVries changed the rules. The Court has ruled against the manufacturers' preferred bright line rule and instead, the new standard under which manufacturers are required to warn consumers if it is aware that its product is likely to be dangerous for the purpose it was designed for and has no reason to believe that the end users will realize that risk.

This modification in law will make it more difficult for plaintiffs to bring claims against equipment manufacturers. However it's not the end of the road. The DeVries decision does not apply to state-law claims which are based on strict liability, or negligence, and therefore not brought under federal maritime law statutes such as the Jones Act.

Plaintiffs will continue to pursue a wider reading of the bare metal defense. For instance, in the Asbestos MDL case in Philadelphia the case has been remanded back to an Illinois federal court to determine whether the state is able to recognize 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 the same case in Tennessee, the Tennessee judge has stated that he would adopt the third perspective of 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 had been repaired or replaced by contractors from third parties which included the Equipment Defendants. The judge in that case ruled that the bare metal defense is applicable to cases similar to this. The Supreme Court's DeVries decision will impact how judges apply the bare-metal defense in other situations.

Defendants' Experts

Asbestos litigation is complex and require skilled lawyers who have a thorough knowledge of both legal and medical issues and access to top expert witnesses. EWH attorneys have years of experience in asbestos litigation, which includes investigating claims, preparing strategies for managing litigation and budgets, as well as identifying and hiring experts, and defending plaintiffs and defendants in expert testimony at trials and depositions.

Typically asbestos cases require testimony of medical professionals such as a radiologist and pathologist who testify on X-rays or asbestos Litigation Meaning CT scans that reveal scarring of the lung tissue typical of asbestos exposure. A pulmonologist can also testify on symptoms, such as breathing problems, which are similar to mesothelioma and other Asbestos Litigation Meaning; Erciyuan.Top,-related diseases. Experts can also provide detailed history of work performed by the plaintiff, which includes a review of employment, union, tax, and social security records.

A forensic engineering or environmental science expert could be required to clarify the reason for the asbestos exposure. Experts from these fields can assist defendants to argue that asbestos exposure was not at the workplace, but was brought into the home through the clothing of workers or by airborne particles.

Many attorneys representing plaintiffs hire economic loss experts to assess the financial losses suffered by the victims. They will be able to calculate the amount of money a person has lost due to their illness and the impact it had on their daily life. They can also testify about expenses such as the cost of medical bills as well as the cost of hiring someone to do household chores that one can no longer perform.

It is crucial for defendants to challenge the expert witnesses of the plaintiff, especially in cases where they have testified in dozens or even hundreds of asbestos-related claims. Experts may lose credibility with the jury if their testimony is repeated.

In asbestos cases, defendants can also seek summary judgment if they can show that the evidence does not prove that the plaintiff was injured due to exposure to the defendant's products. However, a judge will not grant summary judgment just because the defendant has pointed out holes in the plaintiff's proof.

Trial

The issues of latency in asbestos litigation paralegal cases means that meaningful discovery can be nearly impossible. The time between exposure and the development of the disease can be measured in years. To determine the facts on which to build an argument, it is necessary to look over an individual's job history. This typically involves a thorough analysis of social security, union, tax and financial records, as in interviews with co-workers and family members.

Asbestos-related victims are often diagnosed with less serious diseases such as asbestosis before being diagnosed with mesothelioma. Because of this, the ability of a defendant to demonstrate that the plaintiff's symptoms could be caused by a different disease that is not mesothelioma-related is crucial in settlement negotiations.

In the past, certain attorneys have employed this strategy to deny liability and get large sums. As the defense bar has evolved, courts have largely rejected this method. This is particularly true for federal courts, where judges often reject such claims due to the absence of evidence.

As a result, an in-depth analysis of every potential defendant is essential to an effective asbestos litigation defense. This includes assessing the severity and length of the illness as well as the type of the exposure. For instance, a carpenter who has mesothelioma will likely be awarded higher damages than someone who has only had asbestosis.

The Bowles Rice Asbestos Litigation Team regularly defends suppliers, manufacturers, distributors, contractors as well as property owners and employers in asbestos related litigation. Our lawyers have been National Trial and National Coordination Counsel and are regularly appointed as liaison counsel by courts to handle asbestos dockets.

Asbestos litigation can be complex and expensive. We assist our clients to be aware of the risks associated with this kind of litigation and we assist them to develop internal programs that can identify liability and safety concerns. Contact us today to learn more about how we can safeguard your company's interests.