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Asbestos Litigation Defense

Cetrulo LLP is widely recognized as a leader in asbestos litigation defense. The Firm's attorneys are regularly invited to give presentations at national conferences. They are also well-versed on the numerous issues that arise when litigating asbestos cases.

Research has proved that exposure to asbestos causes lung damage and diseases. This includes mesothelioma, and lesser diseases such as asbestosis and plaques in the pleural region.

Statute of limitations

In most personal injury cases, a statute limits the time frame within which a victim may file an action. For asbestos-related cases, the statute of limitations differs by state. They also differ from other personal injury claims as asbestos-related illnesses can take years to be apparent.

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

When you file a asbestos lawsuit, there are a variety of aspects that must be considered. 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. In the event of a delay, it will result in the case being barred. The statute of limitations varies from state to state, and the laws differ widely. However, the majority allow between one and six year after the victim was diagnosed.

In asbestos cases, defendants often make use of the statute of limitations as a defense to liability. They might argue, for example, that plaintiffs should have been aware or were aware of their exposure to asbestos and were under an obligation to notify their employer. This is a common argument in mesothelioma litigation and it isn't easy for the plaintiff to prove.

A defendant in an asbestos case may 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. In California for instance it was argument that defendants did not have "state-ofthe-art" information and therefore could not to provide sufficient warnings.

In general, it's best to start an asbestos lawsuit in the state where the victim resides. In certain situations it may be appropriate to file a lawsuit in a state other than the victim's. This usually has something to relate to the location of the employer or the place where the employee was first exposed to asbestos law and litigation.

Bare Metal

The"bare-metal" defense is a method used by equipment manufacturers in asbestos litigation. The bare metal defense argues that, because their products left the factory as bare steel, they did not have a responsibility to warn about the dangers of asbestos containing materials added later by other parties, for instance thermal insulating flange seals and flange seals. This defense is accepted in a few 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 law. The Court did not accept manufacturers' preferred bright-line rule and instead formulated an obligation for the manufacturer to notify customers if they know that their product is dangerous for its intended use and have no reason to think that users will be aware of the danger.

This change in law will make it more difficult plaintiffs to bring claims against manufacturers of equipment. However, this is not the end of the story. For one reason, the DeVries decision is not applicable to state-law claims that are based on negligence or strict liability, and are not covered by federal maritime law statutes, like the Jones Act or the Maritime Claims Act.

Plaintiffs will continue to pursue a broader interpretation of the bare-metal defense. For instance, in the Asbestos MDL in Philadelphia the case has been remanded back to an Illinois federal court to determine whether the state of Illinois recognizes the defense. The plaintiff who died in this instance was carpenter who was exposed to switchgear, turbines, and other asbestos-containing parts at a Texaco refining facility.

In a similar case a judge in Tennessee has stated that he is likely to take a different view of the defense of bare metal. The plaintiff in that case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma while working on equipment that was repaired or replaced by contractors from third parties which included the Equipment Defendants. The judge in the case held that bare metal defenses apply to cases like this. The Supreme Court's DeVries decision will influence how judges apply the bare-metal defense in other situations.

Defendants' Experts

Asbestos litigation can be complex and requires attorneys with vast knowledge of both law and medicine, as well as accessing top experts. EWH attorneys have decades of experience in asbestos litigation, which includes investigating claims, preparing strategies for managing litigation, including budgets, as well as identifying and hiring experts and defending plaintiffs as well as defendants with expert testimony in depositions and trials.

Typically, asbestos litigation meaning cases will require the testimony from medical professionals like a radiologist or pathologist. They can testify that X-rays and CT scans reveal the typical lung tissue scarring that is caused by asbestos exposure. A pulmonologist can be able to testify about symptoms, such as breathing difficulties, which are similar to mesothelioma as well as other asbestos-related illnesses. Experts can provide a thorough description of the plaintiff's employment background, including an investigation of their tax, social security, union and job records.

It is possible to consult a forensic engineer or an environmental scientist in order to determine the cause of exposure to asbestos. Experts from these fields can assist the defendants argue that the asbestos exposure was not at the workplace, but was brought home by workers' clothing or by airborne particles.

Many of the plaintiffs lawyers will bring experts in economic loss to assess the financial losses suffered by the victims. They will be able to calculate the amount of money that a victim suffered due to their illness and its effect on his or her lifestyle. They can also testify about expenses like medical bills and the cost of hiring someone to do household chores that a person cannot complete.

It is crucial that defendants challenge the plaintiffs' expert witnesses, particularly when they have testified to dozens or hundreds of other asbestos claims. Experts may lose credibility with the jury when their testimony what is asbestos litigation repeated.

Plaintiffs in asbestos cases may also apply for summary judgment when they demonstrate that the evidence does not show that the plaintiff suffered any injuries from exposure to the defendant's product. However a judge won't give summary judgment merely because the defendant cites gaps in the plaintiff's proof.

Trial

Due to the latency issues that are prevalent in asbestos cases, it can be difficult to make an accurate discovery. The lag between exposure and the appearance of the disease can be measured in decades. Therefore, determining the facts on which to make a case requires a review of an individual's entire work history. This includes a thorough analysis of the individual's social security, tax, union and financial records, as well as interviews with family members and coworkers.

Asbestos sufferers are often diagnosed with less serious ailments like asbestosis prior asbestos litigation defense to diagnosis of mesothelioma. Because of this, the ability of a defendant to prove that a plaintiff's symptoms are due to another disease than mesothelioma may have a significant importance in settlement negotiations.

In the past, a few lawyers have employed this tactic to avoid liability and receive large sums. However, as the defense bar has evolved the strategy has been largely rejected by the courts. This is particularly evident in federal courts, where judges have frequently dismissed claims based on lack of evidence.

A thorough evaluation of each potential defendant is essential to be able to defend effectively in asbestos litigation. This includes assessing the length and extent of exposure as in addition to the severity of any diagnosed disease. For instance, a woodworker who is diagnosed with mesothelioma is more likely to receive higher damage than someone who has asbestosis.

The Bowles Rice Asbestos Litigation Team defends asbestos-related lawsuits for manufacturers, distributors and suppliers contractors, employers and property owners. Our lawyers have extensive 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 help our clients to recognize the risks involved in this type of litigation and we assist them to develop internal programs that will proactively identify safety and liability concerns. Contact us today to find out more about how our company can safeguard your company's interests.