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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 speak at national conferences. They are also well-versed on the many issues that arise in litigating asbestos cases. Research has proven that asbestos exposure causes lung damage and diseases. This includes mesothelioma, and lesser diseases such as asbestosis and pleural plaques. Statute of limitations In most personal injury cases, a statute of limitation establishes a time limit for the time after an injury or accident, the victim is able to bring a lawsuit. For asbestos-related cases, the statute of limitations differs according to the state. They are also different from other personal injury claims since asbestos-related illnesses may take a long time to be apparent. Due to the delaying nature of mesothelioma as well as other asbestos-related diseases the statute of limitations clock starts on the date of diagnosis or death in wrongful death cases 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 early as is possible. When you file a asbestos lawsuit, there are many factors that must be taken into account. One of the most important is the statute of limitations. The statute of limitations is the time limit by which the victim must start a lawsuit. Failure to file a lawsuit will result in the case being thrown out. The statute of limitations differs according to state, and the laws differ greatly in some states, but the majority allow between one and six years from when the victim was diagnosed with an asbestos-related disease. In asbestos cases in which the defendants are involved, they will typically attempt to invoke the statute of limitations to defend against liability. For example, they may argue that the plaintiffs knew or should have known about their exposure, and therefore had a duty to notify their employer. This is an often used argument in mesothelioma lawsuits and it can be difficult for the victim to prove. Another defense that could be used in a asbestos case is that the defendants didn't have the means or resources to warn people of the dangers associated with the product. This is a complicated argument that relies on the evidence that is available. In California for instance, it was successfully claimed that defendants were not equipped with “state-ofthe-art” information and therefore could not give adequate warnings. In Medford asbestos lawsuits , it is best to start an asbestos lawsuit in the state where the victim resides. However, there are some situations in which it might be beneficial to file the lawsuit in another state. This usually has something to relate to where the employer is located or where the worker was first exposed to asbestos. Bare Metal The”bare metal” defense is a common strategy employed by manufacturers of equipment in asbestos litigation. The bare metal defense asserts that because their products left the plant as untreated steel, they didn't have a duty to warn about the dangers of asbestos containing materials added later by other parties, like thermal insulating flange seals and flange seals. This defense is a common one in certain jurisdictions, but not in all. The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has reshaped that. The Court has rejected the bright-line rule that manufacturers prefer and instead created a standard that requires a manufacturer to warn when they are aware that their product is hazardous for its intended purpose. They there is no reason to believe that the end users will be aware of this danger. This change in law will make it more difficult for plaintiffs to bring claims against manufacturers of equipment. However this isn't the end of the road. First, the DeVries decision does not apply to state-law claims that are founded on negligence or strict liability, and are not covered by federal maritime law statutes, including the Jones Act or the Maritime Claims Act. Plaintiffs will continue pursuing a broader interpretation of the defense of bare metal. For example, in the Asbestos MDL case in Philadelphia the case has been remanded back to an Illinois federal court to decide whether that state recognizes the defense. The deceased plaintiff in that claim was a carpenter, and was exposed to switchgear and turbines in an Texaco refinery that contained asbestos-containing components. In a similar instance, a judge in Tennessee has indicated that he is likely to take a different approach to the 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 third-party contractors which included the Equipment Defendants. The judge in that case held that the bare metal defense is applicable to cases such as this. The Supreme Court's DeVries decision will affect the way judges apply the bare metal defense in other cases. Defendants' Experts Asbestos lawsuits are complicated and require experienced lawyers with a thorough knowledge of both legal and medical issues and access to top expert witnesses. EWH attorneys have decades of experience in asbestos litigation, such as investigating claims, creating strategies for managing litigation and budgets, as well as identifying and hiring experts as well as defending plaintiffs and defendants expert testimony at trials and depositions. Typically asbestos cases require testimony of medical professionals like pathologists and radiologists who testify on X-rays or CT scans that reveal the lung tissue being damaged that is typical of asbestos exposure. A pulmonologist can also be a witness to symptoms like difficulty breathing and coughing, which are similar to those of mesothelioma, as well as other asbestos-related diseases. Experts can also provide detailed history of work performed by the plaintiff, including an examination of the worker's union and tax records as well as social security documents. An forensic engineering or environmental science expert could be required to explain the reason for the asbestos exposure. Experts in these fields can assist defendants argue that the alleged asbestos was not exposed at the workplace and instead was ingested on workers' clothing or from the air outside (a common defense in mesothelioma cases). Many attorneys representing plaintiffs employ economic loss experts to determine the monetary losses incurred by victims. These experts can calculate how much money a victim has lost due to illness and the effect it has had on their life. They can also testify about expenses like medical bills and the cost of hiring someone to do household chores a person cannot 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. If they repeat their testimony, the experts may lose credibility with jurors. In asbestos cases, defendants can also request summary judgment if they can prove that the evidence does not show that the plaintiff suffered any injuries caused by their exposure to the defendant's product. However, a judge will not give summary judgment merely because the defendant points to gaps in the plaintiff's proof. Going to Trial Due to the latency issues that are prevalent in asbestos cases, it is difficult to make a significant discovery. The lag between exposure and the onset of disease can be measured in decades. To establish the facts on which to base a case it is essential to look over an individual's job history. This often involves a thorough analysis of social security, union, tax, and financial records, as well as interviews with co-workers and family members. Asbestos patients often develop less serious illnesses such as asbestosis prior to the diagnosis of mesothelioma. Because of this the capacity of a defendant to show that a plaintiff's symptoms might be due to a different illness other than mesothelioma can be beneficial in settlement negotiations. In the past, certain lawyers have employed this tactic to avoid liability and receive large amounts of money. However as the defense bar has evolved and diversified, this strategy is generally rejected by the courts. This has been particularly true in the federal courts, where judges have routinely dismissed such claims based on the lack of evidence. Because of this, a careful evaluation of every potential defendant is essential for a successful asbestos litigation defense. This includes evaluating the severity and length of the disease as well as the type of the exposure. For instance a carpenter with mesothelioma is likely to be awarded a higher amount of damages than a person who has only had asbestosis. The Bowles Rice Asbestos Litigation Team regularly defends suppliers, manufacturers, distributors, contractors, property owners, and employers in asbestos-related litigation. Our lawyers have years of experience in the role of National Trial and National Coordinating Counsel, and are regularly appointed by the courts as liaison counsel to handle the prosecution of asbestos dockets. Asbestos litigation can be complex and expensive. We assist our clients to understand the potential risks associated with this type of litigation. We assist them in establishing internal programs that will detect potential safety and liability concerns. Contact us today to find out how we can protect the interests of your business.