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Asbestos Litigation Defense

Cetrulo LLP has been widely acknowledged as a pioneer in asbestos litigation. The firm's lawyers regularly participate in national conferences and are proficient in the myriad issues that arise in defending asbestos cases, including jurisdictional Case Management Orders and expert selection.

Research has shown that asbestos exposure causes lung damage and disease. This includes mesothelioma, other lesser illnesses like asbestosis and plaques in the pleural cavity.

Statute of Limitations

In most personal injury cases, a statute of limitations establishes a time limit for asbestos litigation defense the time after an injury or accident, the victim is able to start an action. In asbestos cases, statutes of limitations vary by state. They also differ from other personal injury lawsuits because asbestos-related diseases can take years to develop.

Due to the delaying nature of mesothelioma, and other asbestos-related illnesses, the statute of limitation clock starts on the date of diagnosis, or death in wrongful death claims, rather than the date exposure. This discovery rule is why the families of victims must work as quickly as they can with an experienced New York asbestos lawyer.

When you file a asbestos lawsuit, there are many things that need to be considered. One of the most important is the statute of limitations. The statute of limitations is the time limit that the victim has to file a lawsuit. In the event of a delay, it could result in the case being barred. The statute of limitation is different from state to state, and the laws differ greatly. However, most allow between one and six years after the date of diagnosis.

In an asbestos litigation group case defendants typically make use of the statute of limitations as a defense to liability. For example, they may argue that the plaintiffs were aware or should have been aware of their exposure and thus had a legal obligation to inform their employer. This is a common argument in mesothelioma cases, and it can be difficult for the victim to prove.

A defendant in an asbestos case could also claim that they didn't have the resources or the means to warn about the dangers of the product. This is a complicated case that relies heavily on the evidence available. In California for instance it was argument that defendants did not have "state-ofthe-art" information and therefore could not provide adequate warnings.

Generally, it is best to file the asbestos lawsuit in the state of the victim's home. In certain situations, it may make sense to make a claim in a different state from the victim's. This is usually connected with the place of the employer, or the location where the employee was exposed to asbestos.

Bare Metal

The bare-metal defense is a strategy that equipment manufacturers employ in asbestos litigation. It argues that since their products were manufactured as unfinished metal, they had no obligation to warn of the dangers of asbestos-containing substances that were added by other parties at a later time for example, thermal insulation and gaskets for flanges. This defense has been embraced in certain states, but it's not available under federal law in all states.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries changed that. The Court did not accept the bright-line rule of manufacturers and instead established a standard that requires manufacturers to inform consumers if they know that their integrated product is hazardous for its intended purpose. They have no reason to think that users will realize this danger.

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 tale. The DeVries decision does not apply to state-law claims which are based on strict liability, or negligence, and is not applicable to claims 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 example in the asbestos MDL in Philadelphia, a case has been remanded to an Illinois federal court to decide whether the state of Illinois recognizes the defense. The plaintiff who died in the case was a carpenter, and was exposed to switchgear and turbines in the Texaco refinery that contained asbestos-containing parts.

In the same case in Tennessee, a Tennessee judge has indicated that he is likely to adopt the third view of bare metal defense. In the case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed as having mesothelioma. He worked on equipment that was repaired or replaced by third party contractors, including Equipment Defendants. The judge in the case ruled that bare metal defenses apply to cases similar to this. The Supreme Court's decision in DeVries will influence the way judges apply the bare metal defense in other cases, such as those involving state law tort claims.

Defendants' Experts

Asbestos litigation is complex and requires lawyers with extensive knowledge of law and medicine, as well as accessing experts of the highest caliber. EWH attorneys EWH have years of experience in assisting clients with a variety of asbestos law and litigation litigation matters including investigating claims, developing strategic budgets and litigation management strategies as well as identifying and retaining experts, and defense of defendants and plaintiffs expert testimony during deposition and during trial.

Typically asbestos exposure litigation cases require testimony of medical professionals such as pathologists and radiologists who can testify regarding X-rays or CT scans that show scarring of the lung tissue typical of asbestos exposure. A pulmonologist can also be a witness to symptoms like difficulty breathing and coughing, which are similar to symptoms of mesothelioma or other asbestos-related diseases. Experts can provide an in-depth report of the plaintiff's job background, which includes an examination of his or her tax, social security documents, union and job information.

It may be necessary to consult an engineer from the forensic field or an environmental scientist in order to determine the cause of exposure to asbestos litigation meaning. These experts can aid the defendants argue that the asbestos exposure was not at the workplace, but was brought into the home through the clothing of workers or the outside air.

Many plaintiffs lawyers will bring experts from the field to assess the financial losses incurred by the victims. These experts will be able to determine the amount of money a person has lost due to their illness and the effect it affected their life. They can also testify on expenses such as medical bills and the cost of hiring someone to do household chores a person cannot perform.

It is crucial for defendants to challenge the experts of the plaintiff, particularly in cases where they've been called to testify in dozens or hundreds of asbestos-related claims. Experts can lose credibility before jurors if their testimony is repeated.

In asbestos cases, defendants can also request summary judgment when they prove that the evidence doesn't establish that the plaintiff was injured from exposure to the defendant's product. However the judge will not give summary judgment merely because the defendant has pointed out weaknesses in the plaintiff's evidence.

Trial

Due to the latency issues that are prevalent in asbestos cases, it can be difficult to make a meaningful discovery. The lag between exposure and the appearance of disease can be measured in years. Thus, establishing the facts that will build a case requires a review of a person's entire employment history. This typically involves a thorough review of social security, union, tax, and financial records as well as interviews with co-workers and family members.

Asbestos patients often develop less serious ailments like asbestosis prior to diagnosis of mesothelioma. Due to this the capacity of a defendant to demonstrate 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 get large sums. As the defense bar grew and the courts have generally rejected this method. This is especially true in federal courts, where judges regularly dismiss claims based on the absence of evidence.

Because of this, a careful evaluation of each potential defendant is essential to a successful asbestos litigation defense. This includes assessing the severity and duration of the disease as well as the nature of the exposure. For example, a woodworker who has mesothelioma will likely to suffer greater damages than someone who only has asbestosis.

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

Asbestos litigation can be a bit complicated and costly. We help our clients be aware of the risks associated with this kind of litigation and we work with them to develop internal programs that will proactively identify safety and liability concerns. Contact us today to learn more about how we can safeguard your company's interests.