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Asbestos Litigation Defense Cetrulo LLP is widely recognized as a leading expert in asbestos litigation defense. The Firm's attorneys are regularly invited to speak at national conferences. They are also knowledgeable on the numerous issues that arise in defending asbestos cases. Research has demonstrated that exposure to asbestos can cause lung diseases and damage. This includes mesothelioma, and less serious diseases like asbestosis and pleural plaques. Statute of Limitations In most personal injury claims, a statute limits the time limit within the date a victim is able to file an action. For asbestos-related cases, the statutes of limitations differ according to the state. They are also different from other personal injury claims because asbestos-related diseases can take a long time to develop. Due to the delaying nature of mesothelioma as well as other asbestos-related illnesses and other asbestos-related illnesses, the statute of limitations begins on the date of diagnosis, or death in the case of wrongful death, rather than the date exposure. This discovery rule is why victims and their family members should consult a reputable New York mesothelioma lawyer as soon as possible. When making an asbestos lawsuit, there are a variety of things that need to be taken into account. One of the most important is the statute of limitations. The statute of limitations is the date by which the victim must start a lawsuit. Failure to file a lawsuit will result in the lawsuit being barred. The time limit for filing a lawsuit varies according to state, and the laws differ greatly however, most states allow between one and six years from when the victim was diagnosed with an asbestos-related disease. In an asbestos-related case when the defendants often attempt to use the statute of limitations to defend against liability. For example, they may claim that the plaintiffs knew or ought to have known about their exposure, and therefore had a legal obligation to inform their employer. This is a common argument used in mesothelioma lawsuits. It is difficult to prove for the victim. A defendant in a case involving asbestos could be able to claim that they didn't have the resources or means to inform people about the dangers of the product. This is a difficult case and depends largely on the available evidence. For instance, it was successfully presented in California that the defendants did not possess “state-of-the-art” expertise and therefore could not be expected to provide adequate warnings. In general, it's best to file an asbestos lawsuit in the state where the victim lives. However, there are some circumstances in which it might be appropriate to file the lawsuit in an alternative state. It usually has to do with relate to the location of the employer or the place where the employee was first exposed to asbestos. Bare Metal The bare metal defense is a typical strategy used by manufacturers of equipment in asbestos litigation. The bare-metal defense claims that, because their products left the plant as bare steel, they did not have a duty to inform about the dangers posed by asbestos-containing products later added by other parties, like thermal insulating flange seals and flange seals. This defense is a common one in some jurisdictions, but not everywhere. The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has reshaped that. The Court did not accept the manufacturers' preferred bright line rule, and instead, the new standard under which a manufacturer has a duty to inform consumers if they know that its integrated product will be hazardous for its intended use and has no reason to believe that the end users will be aware of that risk. This modification in law will make it more difficult plaintiffs to bring claims against manufacturers of equipment. However this isn't the end of the story. The DeVries decision is not applicable to state-law claims that are based on strict liability or negligence, and therefore not brought under federal maritime law statutes like the Jones Act. Plaintiffs will continue to pursue a wider reading of the bare metal defense. In the Asbestos Multi-District Litigation of Philadelphia for instance, a case was remanded to an Illinois federal judge to determine if the state recognizes this defense. The plaintiff who died in this case was carpenter who was exposed to switchgear, turbines, and other asbestos-containing components at the Texaco refining facility. In a similar case, a judge in Tennessee has indicated that he is likely to take a different view of the defense of bare metal. In that case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed with mesothelioma. He was employed on equipment that was repaired or replaced by third-party contractors, including Equipment Defendants. The judge in the case decided that the bare metal defense applies to cases similar to this. The Supreme Court's decision in DeVries will affect the way judges use the bare metal defense in other contexts like those that involve state law tort claims. Defendants' Experts Asbestos litigation is a complex affair and requires lawyers with a deep medical and legal knowledge as well as access to top experts. EWH attorneys EWH have decades of experience assisting clients in various asbestos litigation cases, such as investigating claims, developing strategic budgets and litigation management plans, hiring and retaining experts and defending plaintiffs' and defendants expert testimony during depositions and in court. Typically asbestos cases require testimony of medical professionals, such as a radiologist and pathologist who can testify about X-rays or CT scans that reveal scarring of the lung tissue typical of asbestos exposure. A pulmonologist could also testify on symptoms, like breathing difficulties, which are similar to mesothelioma and other asbestos-related illnesses. Experts can provide a thorough description of the plaintiff's employment history, including an investigation of their tax social security documents, union and job information. A forensic engineering or environmental science expert could be required to clarify the source of the asbestos exposure. Experts from these fields can assist defendants to argue that asbestos exposure did not occur at the workplace, but was brought home by workers' clothing or the outside air. Many plaintiffs' attorneys will employ experts in economic loss to determine the monetary losses incurred by victims. These experts can calculate the amount of money that a victim lost as a result of their illness and the impact it had on his or her lifestyle. They can also testify on costs like medical bills and the cost of hiring someone to do household chores a person is no longer able to perform. It is important that defendants challenge the plaintiffs expert witnesses, especially if they have testified on hundreds or dozens of asbestos claims. If they repeat their testimony, the experts could lose credibility with jurors. In asbestos cases, defendants can also seek summary judgment in cases where they can demonstrate that the evidence does not establish that the plaintiff suffered injury due to exposure to the defendant's products. However, a judge will not accept summary judgment simply because the defendant has pointed out holes in the plaintiff's proof. Trial Due to the latency issues that are prevalent in asbestos cases, it is difficult to make an accurate discovery. The duration between exposure and illness can be measured in years. As such, establishing the facts on which to create a case, will require a thorough examination of a person's entire employment history. This includes a thorough analysis of the individual's social security, tax and union financial records, as well as interviews with family members and co-workers. Irvine asbestos attorneys are more likely to develop less serious diseases like asbestosis before a mesothelioma diagnosis. Because of this, the ability of a defendant to demonstrate that plaintiff's symptoms stem from another disease than mesothelioma may have a significant value in settlement negotiations. In the past, certain attorneys have employed this method to deny responsibility and obtain large sums. As the defense bar has evolved, courts have largely rejected this method. This is especially true in federal courts, where judges routinely dismiss such claims due to lack of evidence. Because of this, an accurate assessment of each potential defendant is crucial to an effective asbestos defense. This includes assessing the duration and extent of exposure as and the severity of any diagnosed disease. For instance, a carpenter who has mesothelioma is likely to be awarded higher damages than someone who has only suffered from asbestosis. The Bowles Rice Asbestos Litigation Team regularly defends suppliers, manufacturers contractors, distributors and property owners as well as employers in asbestos-related litigation. Our lawyers have been appointed as 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 costly. We assist our clients in understanding the risks involved in this type of litigation. We collaborate with them to develop internal programs to detect potential safety and liability concerns. Contact us to learn how we can protect the interests of your business.