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What's The Ugly Facts About Asbestos Litigation Defense
Asbestos Litigation Defense

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

Research has proved that asbestos exposure can cause lung damage and disease. This includes mesothelioma, and less serious diseases like asbestosis and pleural plaques.

Statute of limitations

In the majority of personal injury cases, a statute of limitation defines a time frame for the length of time that follows an accident or injury, the victim can bring a lawsuit. In asbestos cases, the statutes of limitations vary according to the state. They also differ from other personal injury claims since asbestos-related illnesses may take a long time to manifest.

Due to the delaying nature of mesothelioma as well as other asbestos-related diseases, the statute of limitations begins at the time of diagnosis (or death in cases of wrongful death) instead of the time of exposure. This discovery rule is the reason victims and their family members need to work with a reputable New York mesothelioma lawyer as soon as they can.

There are many aspects to consider when filing an asbestos lawsuit. The statute of limitations is one of the most important. The statute of limitations is the date that the victim has to start a lawsuit. Failure to file a lawsuit will result in the case being barred. The time limit for filing a lawsuit differs from state to state, and the laws differ greatly. However, most states allow between one and six year after the time that the victim was diagnosed.

In an asbestos case, defendants often use the statute of limitation as a defense to liability. For instance, they could claim that the plaintiffs knew or should have known about their exposure and thus had a duty to notify their employer. This is an argument that is common in mesothelioma litigation, and it isn't easy for the victim to prove.

Another potential defense in a case involving asbestos is that the defendants did not have the resources or means to inform the public about the dangers of the product. This is a complex case and relies on the available evidence. In California for instance it was claimed that defendants were not equipped with "state-ofthe-art" information and were not able to provide adequate warnings.

Generally speaking, it is preferential to file the asbestos lawsuit in the state where the victim's residence. In some cases it may be appropriate to file a lawsuit in a state other than the victim's. It usually has to do with the place of the employer, or the location where the employee was exposed to asbestos.

Bare Metal

The"bare metal" defense is a standard strategy used by equipment manufacturers in asbestos litigation. It asserts that because their products left the factory as raw metal, they were under no obligation to warn of the risks of asbestos-containing materials added by other parties later for example, thermal insulation and flange gaskets. This defense is recognized in some jurisdictions, but not all.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has changed that. The Court has rejected manufacturers' preferred bright-line rule and instead formulated a standard that requires the manufacturer to notify customers when they know that their product is unsafe for its intended purpose. They have no reason to think that the end users will be aware of the risk.

This change in law will make it more difficult for plaintiffs to file claims against manufacturers of equipment. However it's not the end of the road. The DeVries decision is not applicable to state-law claims based on strict liability or negligence, and is not applicable to claims brought under federal maritime law statutes such as the Jones Act.

Plaintiffs will continue to pursue a broader interpretation of the defense of bare metal. 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 deceased plaintiff in this claim was a carpenter who had been exposed to switchgear, turbines and other asbestos-containing components at the Texaco refining facility.

In a similar case in Tennessee, the Tennessee judge has indicated that he will adopt the third perspective of the defense of bare-metal. The plaintiff in the case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma following working on equipment that was repaired or replaced by contractors from third parties, including the Equipment Defendants. The judge in the case decided that the bare-metal defense is applicable to cases similar to this. The Supreme Court's decision in DeVries will influence the way judges apply the bare metal defense in other contexts for example, those involving tort claims under state law.

Defendants' Experts

Asbestos litigation is a complex affair and requires lawyers with vast knowledge of both law and medicine as well as access to experts of the highest caliber. EWH attorneys EWH have decades of experience in assisting clients with various asbestos litigation issues, including analyzing claims, developing strategic budgets and litigation management strategies as well as identifying and retaining experts, and defense of defendants and plaintiffs expert testimony in depositions and in court.

In most cases, asbestos cases require the testimony of medical professionals like a radioologist or pathologist. They can confirm that X-rays as well as CT scans show the typical scarring of lung tissue caused by asbestos exposure. A pulmonologist could be able to testify about symptoms, like breathing difficulties, which are similar to mesothelioma as well as other asbestos-related illnesses. Experts can provide a thorough report of the plaintiff's job history, including an investigation of their tax, social security documents, union and job information.

It may be necessary to consult an engineer from the forensic field or an environmental scientist in order to determine the cause of asbestos exposure. These experts can help plaintiffs argue that the asbestos was not exposed at the workplace and instead was ingested through clothing worn by workers or from the outside air (a common defense in mesothelioma cases).

A lot of plaintiffs' lawyers will bring experts from the field to determine the financial losses suffered by the victims. They will be able to calculate the amount of money that a victim suffered due to their illness and the impact it had on their lifestyle. They can also testify on expenses like medical bills and the cost of hiring someone to perform household chores that an individual is no longer able to perform.

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

Plaintiffs in asbestos cases may also seek summary judgment when they prove that the evidence doesn't prove that the plaintiff suffered injuries from exposure to the defendant's product. However, a judge will not accept summary judgment simply because the defendant points to weaknesses in the plaintiff's evidence.

Trial

The delays involved in asbestos cases means that an accurate diagnosis can be nearly impossible. The time between exposure and the onset of disease can be measured in decades. To determine the facts upon which to build an argument, it is necessary to review an individual's work background. This includes a thorough analysis of the individual's social security, tax and union financial documents, as well as interviews with family members and colleagues.

Asbestos sufferers are more likely to develop less serious diseases like asbestosis before a mesothelioma diagnosis. Because of this, the ability of a defendant to prove that a plaintiff's symptoms are due to an illness other than mesothelioma could be of significant significance in settlement negotiations.

In the past, some attorneys have employed this strategy to deny liability and obtain large awards. However as the defense bar has developed the strategy has been largely rejected by the courts. This is especially relevant in federal courts, where judges have frequently dismissed claims based on lack of evidence.

A thorough evaluation of each potential defendant is therefore essential to ensure a successful defense in asbestos litigation. This includes assessing the duration and extent of exposure, as well as the severity of any diagnosed disease. For instance a carpenter with mesothelioma will likely be awarded more damages than a person who has only suffered from asbestosis.


The Bowles Rice Asbestos Litigation Team defends asbestos-related lawsuits for manufacturers, distributors and suppliers, contractors, employers, and property owners. Our lawyers have been appointed as National Trial and National Coordination Counsel and are frequently appointed as liaison counsel by courts to handle asbestos dockets.

Asbestos cases can be complicated and expensive. We assist our clients to recognize the risks involved in this type of litigation and we collaborate with them to create internal programs that can identify liability and safety concerns. Contact us today to find out more about how our firm can protect your business's interests.

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