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Asbestos Litigation Defense Cetrulo LLP is widely recognized as a leader in asbestos litigation defense. The firm's lawyers regularly participate in national conferences and are knowledgeable in the myriad issues that arise in the defense of asbestos cases that include jurisdictional Case Management Orders and expert selection. Research has proven that asbestos exposure can cause lung damage and cause lung disease. This includes mesothelioma, other lesser illnesses like asbestosis and plaques in the pleural cavity. Statute of limitations In most personal injury cases, a statute limits the time frame within which a victim may make an action. For asbestos the statute of limitations is different by state and is different from in other personal injury lawsuits because the symptoms of asbestos-related diseases can take years to manifest. Due to the delayed nature mesothelioma as well as other asbestos-related illnesses, the statute of limitation clock starts on the date of diagnosis, or death in wrongful death claims instead of the date of exposure. This discovery rule is the reason why victims and their families should seek out as soon as they can with a reputable New York asbestos lawyer. When filing an asbestos lawsuit, there are a variety of factors that must be taken into account. The statute of limitations is among the most crucial. This is the deadline that the victim must file the lawsuit by, and failure to do so could result in the case being barred. The statute of limitations differs by state, and the laws differ widely however, most states allow between one and six years from when the victim was diagnosed with an asbestos-related illness. During an asbestos case, the defendants will often attempt to invoke the statute of limitations to defend against liability. They may say that, for instance, plaintiffs should have been aware or were aware of their exposure to asbestos and were under the obligation of notifying their employer. This is an often used argument in mesothelioma cases, and it can be difficult for the victim to prove. A defendant in an asbestos case could 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 case that relies heavily on the available evidence. For instance, it has been successfully presented in California that the defendants did not have “state-of-the-art” knowledge and could not be expected to provide adequate warnings. In general, it's better to start an asbestos lawsuit in the state where the victim lives. However, there are situations in which it might make sense to file the lawsuit in a different state. This is usually connected with the place of the employer or where the person was exposed to asbestos. Bare Metal The defense of bare metal is a standard strategy used by equipment manufacturers in asbestos litigation. The bare-metal defense claims that since their products left the factory in bare steel, they didn't have a duty to inform about the dangers of asbestos-containing materials later added by other parties, for instance thermal insulating flange seals and flange seals. This defense is recognized in certain jurisdictions, but not everywhere. The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has reshaped that. The Court has rejected manufacturers' preferred bright-line rule and instead formulated an obligation for manufacturers to inform consumers when they are aware that their product is unsafe for its intended purpose. They there is no reason to believe that users will realize this danger. Although this change in law could make it harder for plaintiffs to win claims against equipment manufacturers, it is not the end of the story. For one reason, the DeVries decision is not applicable to state-law claims made on the basis of 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 seek a more expansive interpretation of the bare metal defense. In the Asbestos Multi-District Litigation of Philadelphia for instance, a case was remanded back to an Illinois federal judge to determine if that state recognizes this defense. The plaintiff who died in the case was a carpenter, and was exposed to turbines and switchgear at a Texaco refinery that contained asbestos-containing parts. In a similar instance, a judge in Tennessee has stated that he is likely to take a different approach to the bare-metal defense. In that case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed with mesothelioma. He worked on equipment that was repaired or replaced by third-party contractors, which included Equipment Defendants. The judge in the case decided that the bare metal defense applies to cases like this. The Supreme Court's DeVries decision will affect the way judges apply the bare-metal defense in other situations. Defendants' Experts Asbestos litigation is complex and require skilled lawyers with a deep knowledge of legal and medical issues as well as access to top experts. EWH attorneys have years of experience in asbestos litigation, including investigating claims, preparing strategies for managing litigation and budgets, identifying and bringing in experts and defending plaintiffs as well as defendants expert testimony at trials and depositions. Most asbestos cases require the testimony of medical professionals such as a radiologist or pathologist. They can confirm that X-rays as well as CT scans show the typical lung tissue scarring caused by asbestos exposure. A pulmonologist may also testify regarding symptoms, such as breathing problems, which are similar to mesothelioma as well as other asbestos-related diseases. Experts can also provide full details of the work performed by the plaintiff, such as an examination of the worker's union and tax records as well as social security documents. Alhambra asbestos attorneys is possible to consult an engineer who is forensic or an environmental scientist to determine the cause of asbestos exposure. Experts from these fields can assist the defendants argue that the asbestos exposure was not in the workplace, but brought into the home through the clothing of workers or air outside. Many of the plaintiffs' lawyers will bring experts from the field to determine the financial losses incurred by the victims. They will be able to calculate the amount of money that a victim lost as a result of their illness and its impact on their lifestyle. They can also testify about expenses like medical bills as well as the cost of hiring a person to take care of household chores that the person can no longer perform. It is important for defendants to challenge the plaintiff's expert witnesses, especially when they have testified in dozens or even hundreds of asbestos-related claims. These experts can lose credibility with jurors if their testimony is repeated. In asbestos cases, defendants may also seek summary judgment when they can prove that the evidence doesn't prove that the plaintiff suffered injury due to exposure to the products of the defendant. However, a judge will not give summary judgment merely because the defendant cites gaps in the plaintiff's proof. Trial Due to the latency issues involved in asbestos cases, it can be difficult to make a meaningful discovery. The time between exposure and the onset of disease can be measured in decades. As such, establishing the facts on which to create a case, requires a review of the entire work history. This requires a thorough examination of the individual's social security, tax and union records, as well as financial records, as well as interviews with family members and co-workers. Asbestos-related victims are often diagnosed with less serious illnesses like asbestosis prior to a mesothelioma diagnosis. Due to this the ability of a defendant to demonstrate that the plaintiff's symptoms could be due to another disease that is not mesothelioma-related is crucial in settlement negotiations. In the past, certain lawyers have used this approach to deny responsibility and obtain large awards. However as the defense bar has evolved, this approach is generally rejected by the courts. This has been particularly evident in federal courts, where judges have frequently dismissed claims based on the lack of evidence. Because of this, a careful evaluation of each potential defendant is crucial to a successful asbestos defense. This includes assessing the duration and nature of the exposure, as in addition to the degree of any diagnosed illness. For instance, a woodworker who has mesothelioma will likely to suffer greater damage than someone who has asbestosis. The Bowles Rice Asbestos Litigation Team regularly defends suppliers, manufacturers contractors, distributors as well as property owners and employers in asbestos related litigation. Our lawyers have served as National Trial and National Coordination Counsel and are regularly appointed as liaison counsel by courts to manage asbestos dockets. Asbestos litigation can be complex and costly. 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 liability and safety concerns. Contact us today to learn more about how we can protect your company's interests.