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Asbestos Litigation Defense

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

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

Statute of limitations

In most personal injury cases, a statute of limitations establishes a time limit for how long after an injury or accident, the victim can file an action. In asbestos cases, the statutes of limitations differ by state. They also differ from other personal injury claims since asbestos-related illnesses may take a long time to be apparent.

Due to the delaying nature of mesothelioma and asbestos-related diseases the statute of limitation clock begins at the date of diagnosis (or death, in the case of wrongful deaths) rather than at the time of exposure. This discovery rule is the reason why the families of victims must work as quickly as they can with a reputable New York Asbestos lawyer (https://zenwriting.net).

There are a variety of aspects to take into consideration when filing an asbestos lawsuit. One of the most important is the statute of limitations. The statute of limitations is the time limit that the victim has to start a lawsuit. In the event of a delay, it could result in the case being thrown out. The statute of limitation differs from state to state and laws vary greatly. However, most states allow between one and six year after the victim was diagnosed.

During an asbestos lawyers case when the defendants often try to use the statute of limitations as a defense against liability. For instance, they might claim that the plaintiffs knew or should have known about their exposure and therefore were required to inform their employer. This is a common defense in mesothelioma lawsuits. It it can be difficult to prove for the victim.

A defendant in an asbestos case may also claim that they didn't have the resources or means to warn about the dangers of the product. This is a complex case and depends largely on the available evidence. For example it has been successfully presented in California that defendants did not possess "state-of-the-art" knowledge and could not be expected to give adequate warnings.

In general, it's best to start an asbestos lawsuit in the state in which the victim lives. However, there are some circumstances where it may be beneficial to file the lawsuit in a different state. It usually has to do with the location of the employer, or the place where the worker was exposed to asbestos.

Bare Metal

The bare metal defense is a common strategy employed by manufacturers of equipment in asbestos litigation. It states that since their products left the factory as raw metal, they were under no duty to warn of the dangers of asbestos-containing products that were added by other parties at a later date like thermal insulation and flange gaskets. This defense is recognized in certain jurisdictions, but not everywhere.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has changed that. The Court rejected the manufacturers' preferred bright line rule, and instead created an entirely new standard that states that manufacturers have a responsibility to warn consumers if it is aware that its product is likely to be hazardous for the purpose it was designed for and does not have any reason to believe that the end users will realize that risk.

This modification in law will make it more difficult for plaintiffs to file claims against manufacturers of equipment. However, this is not the end of the story. First it is that 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, including the Jones Act or the Maritime Claims Act.

Plaintiffs will continue to pursue a wider understanding of the bare-metal defense. For example in the asbestos MDL in Philadelphia, a case was remanded 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 lawsuits-containing components at an Texaco refining facility.

In a similar instance, a judge in Tennessee has signaled that he will take a different approach to the bare metal defense. In the case, the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed with mesothelioma. He had worked 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 is applicable to cases like this. The Supreme Court's DeVries decision will impact how judges apply the bare metal defense in other contexts.

Defendants' Experts

Asbestos litigation is a complex affair and requires lawyers with a vast knowledge of both law and medicine as well as access to top experts. EWH attorneys EWH have years of experience helping clients in a variety of asbestos litigation cases, such as investigating claims, preparing strategic budgets and litigation management strategies in identifying and retaining experts, and defense of defendants and plaintiffs' expert testimony during deposition and during trial.

Most asbestos cases require the testimony of medical professionals such as a radiologist or pathologist. They will testify that X-rays and CT scans show the typical lung tissue scarring due to asbestos exposure. A pulmonologist may also testify about symptoms such as breathing difficulties, 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 a review of employment, union tax, social security records.

A forensic engineer or environmental scientist may be required to clarify the cause of the asbestos exposure. These experts can help defendants argue that the alleged asbestos was not exposed at work and instead was ingested on the clothing of workers or from the air outside (a common defense in mesothelioma cases).

A lot of plaintiffs' lawyers employ experts in economic loss to calculate the financial losses suffered by the victims. These experts can calculate the amount of money a victim lost as a result of their illness and the impact it had on his or her lifestyle. They can also testify to expenses such as medical bills and the cost of hiring someone else to complete household chores a person cannot do.

It is crucial for defendants to challenge plaintiff's expert witnesses, especially in cases where they've testified in dozens or even hundreds of asbestos-related claims. Experts can lose credibility with jurors when their testimony is repeated.

Plaintiffs in asbestos cases may also apply for summary judgment if they can prove that the evidence does not show that the plaintiff was injured caused by their exposure to the defendant's product. However the judge will not accept summary judgment simply because the defendant points to holes in the plaintiff's proof.

Going to Trial

Due to the latency issues involved in asbestos cases, it can be difficult to make an accurate discovery. The lag between exposure and the onset of disease can be measured in decades. To determine the facts upon which to base a claim it is essential to look over an individual's job background. This typically involves a thorough review of social security, union, tax, and financial records as along with interviews with coworkers and family members.

Asbestos patients often develop less serious ailments like asbestosis prior to the diagnosis of mesothelioma. Due to this, the ability of a defendant to prove that a plaintiff's symptoms may be caused by a different disease other than mesothelioma can be beneficial in settlement negotiations.

In the past, certain attorneys have employed this method to deny responsibility and obtain large awards. However, as the defense bar has grown the strategy is generally rejected by the courts. This is particularly true in federal courts, where judges routinely dismiss such claims due to the absence of evidence.

A careful evaluation of every potential defendant is essential to be able to defend effectively in asbestos lawyers litigation. This includes assessing the length and the nature of the exposure, as and the severity of any disease that is diagnosed. For example a carpenter with mesothelioma may be awarded a higher amount of damages than one who has only had asbestosis.

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

Asbestos cases can be complicated and expensive. We help our clients to recognize the risks involved in this type of litigation, and we work with them to develop internal programs that will proactively identify safety and liability concerns. Contact us today to find out how we can safeguard the interests of your business.