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Asbestos Litigation Defense

Cetrulo LLP has been widely acknowledged as a pioneer in asbestos litigation. The Firm's attorneys regularly speak at national conferences and are knowledgeable in the myriad of issues that arise when asbestos litigation that include jurisdictional Case Management Orders and expert selection.

Research has proved that asbestos exposure causes lung damage and diseases. This includes mesothelioma, well as lesser diseases like asbestosis and plaques in the pleural cavity.

Statute of Limitations

In the majority of personal injury cases, a statute of limitation sets a deadline for the time after an injury or accident, the victim is allowed to bring a lawsuit. In the case of asbestos the statute of limitations varies by state and is different than in other personal injury claims due to the fact that asbestos-related illnesses can take decades to manifest.

Due to the delay in the development of mesothelioma as well as other asbestos-related diseases, the statute of limitations clock starts at the date of diagnosis (or death, in the case of wrongful deaths) rather than at the time of exposure. This discovery rule is why the families of victims should seek out as soon as they can with an experienced New York asbestos lawyer.

There are many aspects to consider when filing an asbestos lawsuit. The statute of limitations is among the most important. This is the date which the victim must submit the lawsuit by, and failing to file a lawsuit by the deadline will cause the case to be closed. The statute of limitations differs according to state, and the laws differ greatly, but most allow for between one and six years from the date the victim was diagnosed with an asbestos law and litigation-related illness.

In an asbestos case, defendants often make use of the statute of limitations as a defense to liability. For instance, they could argue that the plaintiffs were aware or ought to have known about their exposure, and therefore were required to inform their employer. This is an argument that is common in mesothelioma litigation and Specializes in Asbestos Litigation can be difficult for the plaintiff to prove.

A defendant in an asbestos case may also argue that they didn't have the resources or means to warn about the dangers of the product. This is a complex case and relies on the evidence available. For instance, it was successfully argued in California that defendants did not possess "state-of-the-art" knowledge and thus could not be expected to provide adequate warnings.

In general, it's best to file an asbestos lawsuit in the state in which the victim lives. However, there are some situations in which it might be beneficial to file the lawsuit in an alternative state. This is usually to relate to the location of the employer or where the person was first exposed to asbestos.

Bare Metal

The bare metal defense is a standard strategy used by manufacturers of equipment in asbestos litigation. The bare metal defense argues that, because their products left the plant in bare steel, they did not have a duty to inform about the dangers of asbestos containing materials added later by other parties, such as thermal insulating flange seals and flange seals. This defense has been embraced in certain jurisdictions, but it is not permitted under federal law in all states.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries changed the rules. The Court rejected the preferred rule of manufacturers' bright line rule, and instead, the new standard under which a manufacturer has a duty to warn if it knows that its integrated product will be hazardous for the purpose it was designed for and has no reason to believe that its final customers will be aware of the risk.

This modification in law makes it more difficult for plaintiffs to file claims against manufacturers of equipment. However, this is not the end of the story. The DeVries decision is not applicable to state-law claims 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 broader interpretation of the defense of bare metal. In the Asbestos Multi-District Litigation in Philadelphia for instance, a case was remanded back to an Illinois federal judge to determine if that state recognizes this defense. The deceased plaintiff specializes in asbestos litigation meaning Litigation (asembiahealth.net) this claim was carpenter who was exposed to switchgear, turbines, and other asbestos-containing parts at an Texaco refining facility.

In a similar case a judge in Tennessee has stated that he will take a different approach to the bare-metal defense. The plaintiff in the 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 of third party, including the Equipment Defendants. The judge in the case ruled that bare-metal defenses can be applied to cases similar to this. The Supreme Court's DeVries decision will affect the way judges use the bare-metal defense in other contexts.

Defendants' Experts

Asbestos litigation is a complex affair and requires lawyers with extensive knowledge of law and medicine and access to top experts. EWH attorneys have years of experience in asbestos litigation, including investigating claims, preparing strategies for managing litigation and budgets, as well as identifying and hiring experts as well as defending plaintiffs and defendants in expert testimony at depositions and trials.

Typically asbestos cases require the testimony of medical professionals like pathologists and radiologists who can testify regarding X-rays or Specializes in asbestos litigation CT scans that reveal scarring of lung tissue typical of asbestos exposure. A pulmonologist is also able to provide evidence of symptoms, such as breathing difficulties that are similar to symptoms of mesothelioma, as well as other asbestos-related diseases. Experts can provide an in-depth account of the plaintiff's work background, which includes an analysis of their tax and social security documents, union and job information.

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

Many plaintiffs' lawyers will bring experts in economic loss to determine the financial losses suffered by the victims. These experts will be able to determine how much money a victim has lost due to disease and the impact it had on his or her life. They can also testify on costs like medical bills and the cost of hiring someone to perform household chores that an individual is unable to perform.

It is essential that defendants challenge the plaintiffs experts, particularly if they have testified on dozens or hundreds of other asbestos claims. Experts can lose credibility with jurors if their testimony is repeated.

Defendants in asbestos cases can also request summary judgment if they demonstrate that the evidence doesn't show that the plaintiff was injured caused by their exposure to the defendant's product. However, a judge will not give summary judgment merely because the defendant has pointed out weaknesses in the plaintiff's evidence.

Trial

The delays involved in asbestos cases mean that getting meaningful discovery can be nearly impossible. The time between exposure and the onset of disease can be measured in years. To determine the facts on which to base a case it is important to examine an individual's employment history. This involves a thorough review of the individual's tax, social security and union financial documents, as well as interviews with family members and colleagues.

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

In the past, certain lawyers have used this approach to avoid responsibility and receive large sums. However as the defense bar has evolved the strategy is generally rejected by the courts. This is particularly true in federal courts, where judges often reject such claims due to lack of evidence.

As a result, an accurate assessment of every potential defendant is essential for an effective asbestos defense. This includes assessing the length and extent of exposure, as and the severity of any diagnosed disease. For example, a woodworker who has mesothelioma will likely to receive higher damage than someone who has asbestosis.

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

Asbestos cases can be complicated and expensive. We help our clients be aware of the risks associated with this type of litigation and we work with them to create internal programs that are proactive and identify liability and safety concerns. Contact us today to find out more about how our firm can protect your company's interests.