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Asbestos Litigation Defense

Cetrulo LLP has been widely recognized as a leader in asbestos defense litigation litigation. The Firm's attorneys regularly participate in national conferences and are knowledgeable in the myriad of issues that arise when the defense of asbestos cases that include jurisdictional Case Management Orders and expert selection.

Research has proved that asbestos exposure can cause 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 limitations establishes a time limit for the length of time that follows an injury or accident, the victim can start an action. In asbestos cases, statutes of limitations vary by state. They are also different from other personal injury lawsuits since asbestos-related illnesses may take a long time to manifest.

Due to the delay in the development of mesothelioma and other asbestos-related diseases, the statute of limitations clock starts at the date of diagnosis (or death, in cases of wrongful death) instead of the date of exposure. This discovery rule is why the families of victims must work as quickly as they can with an experienced 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 among the most crucial. The statute of limitations is the date that the victim has to start a lawsuit. In the event of a delay, it could result in the case being barred. The statute of limitations differs from state to state and the laws differ greatly. However, most allow between one and six years after the victim was diagnosed.

In an asbestos-related case, the defendants will often attempt to use the statute of limitations as a defense against liability. They might argue, for example, that the plaintiffs should have known or were aware of their exposure to asbestos litigation cases and that they had a duty of notification to their employer. This is a common argument in mesothelioma cases, and it isn't easy for the victim to prove.

Another defense that could be used in an latest asbestos litigation (related website) case is that the defendants didn't have the resources or the means to warn of the dangers of the product. This is a complicated argument that is largely based on the evidence available. In California, for example it was argued that the defendants lacked "state-ofthe-art" information and therefore could not provide adequate warnings.

In general, it is best to make an asbestos lawsuit in the state in which the victim lives. However, there are certain circumstances in which it might be beneficial to file the lawsuit in another 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 method that equipment manufacturers use in asbestos litigation. The bare metal defense argues that, because their products left the plant as untreated steel, they did not have a duty to inform about the dangers posed by asbestos-containing materials later added by other parties, for instance thermal insulating flange seals and flange seals. This defense is accepted in certain jurisdictions, but not everywhere.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has reshaped the law. The Court did not accept the preferred rule of manufacturers' bright line rule, and instead created a new standard under which manufacturers are required to inform consumers if they know that its product will be harmful for its intended use and does not have any reason to believe that its final users will realize that risk.

This modification in law will make it more difficult plaintiffs to bring claims against equipment manufacturers. However this isn't the end of the road. The DeVries decision does not apply to state-law claims based on strict liability or negligence and not brought under federal maritime law statutes like the Jones Act.

Plaintiffs will continue to pursue a wider reading of the bare metal defense. For example in the Asbestos MDL case in Philadelphia, a case has been remanded back to an Illinois federal court to decide whether the state of Illinois recognizes the defense. The plaintiff who died in the case worked as a carpenter and was exposed to turbines and switchgear at an Texaco refinery that contained asbestos-containing parts.

In a similar case a judge in Tennessee has stated that he is likely to take a different view of the bare-metal defense. In that case, the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed as having mesothelioma. He worked on equipment that was repaired or replaced by third-party contractors, including Equipment Defendants. The judge in that case ruled that the bare metal defense is applicable to cases like this. The Supreme Court's DeVries decision will affect the way judges use the bare-metal defense in other contexts.

Defendants' Experts

Asbestos litigation can be complex and requires lawyers with a extensive knowledge of law and medicine, as well as accessing top experts. The attorneys at EWH have years of experience assisting clients in a variety of asbestos litigation cases, such as investigating claims, preparing strategic budgets and litigation management plans in hiring and retaining experts and defending plaintiffs' and defendants' expert testimony during deposition and during trial.

Typically, asbestos cases will require the testimony of medical professionals like a radioologist or pathologist. They will testify that X-rays and CT scans show the typical lung tissue scarring that is due to asbestos exposure. A pulmonologist is also able to testify about symptoms such as breathing difficulties and coughing, which are similar to those of mesothelioma and other asbestos-related illnesses. Experts can provide a thorough report of the plaintiff's job background, which includes an examination of his or her tax, social security documents, union and job information.

It may be necessary to consult an engineer who is forensic or an environmental scientist to determine the source of exposure to asbestos. Experts in these fields can assist defense attorneys argue that the alleged asbestos was not exposed in the workplace and instead was brought home on the clothing of workers or in the air outside (a common defense in mesothelioma cases).

Many of the plaintiffs lawyers will bring experts in economic loss to assess the financial losses suffered by the victims. They can estimate the amount of money a person suffered due to their illness and the impact it had on their daily life. They can also testify about expenses like medical bills and the cost of hiring someone else to complete household chores a person is no longer able to complete.

It is important that plaintiffs challenge defendants experts, particularly if they have testified on dozens or hundreds of asbestos claims. If they repeat their testimony, the experts could lose credibility with jurors.

In asbestos cases, defendants may also seek summary judgement in cases where they can demonstrate that the evidence does NOT prove that the plaintiff suffered injury due to exposure to the defendant's products. A judge won't give summary judgment just because a defendant has pointed out holes 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 time between exposure and the onset of the disease can be measured in years. To determine the facts on which to base an argument it is important to examine an individual's employment history. This usually involves an exhaustive analysis of social security, union, tax and financial records, as in interviews with co-workers and family members.

Asbestos-related victims are often diagnosed with less serious illnesses like asbestosis before a mesothelioma diagnosis. Because of this the ability of a defendant to show that a plaintiff's symptoms might be due to a different illness that is not mesothelioma-related is crucial in settlement negotiations.

In the past, certain lawyers have employed this tactic to avoid liability and receive large awards. However as the defense bar has evolved the strategy is generally rejected by the courts. This has been particularly relevant 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 essential to an effective asbestos litigation defense. This includes assessing the duration and extent of exposure as and the severity of any diagnosed disease. For instance, a worker who has mesothelioma is likely to suffer greater damages than a person who only has asbestosis.

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

asbestos litigation wiki cases can be complicated and Latest Asbestos litigation expensive. We help our clients to understand the risks involved in this type of litigation, and we collaborate with them to create internal programs that will proactively detect liability and safety issues. Contact us to find out how we can safeguard the interests of your business.