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4 Dirty Little Tips On Asbestos Litigation Defense Industry Asbestos Litigation Defense Industry
Asbestos Litigation Defense

Cetrulo LLP has been widely recognized as a leader in asbestos litigation. The firm's lawyers regularly speak at national conferences and are well-versed in the many issues that arise when defending asbestos cases that include jurisdictional Case Management Orders and expert selection.

Research has proven that exposure to asbestos can lead to lung diseases and damage. This includes mesothelioma, and lesser diseases such as asbestosis and pleural plaques.

Statute of Limitations

In most personal injury cases statutes limit the time limit within which a victim can file an action. For asbestos-related cases, the statutes of limitations differ according to the state. They are also different from other personal injury lawsuits since asbestos-related illnesses may take years to manifest.

Due to the delaying nature of mesothelioma as well as other asbestos-related diseases the statute of limitation begins at the time of diagnosis (or death in the case of wrongful deaths) instead of the time of exposure. This discovery rule is the reason the victims and their families should consult an experienced New York mesothelioma lawyer as soon as they can.

When you file a asbestos lawsuit, there are many things that need to be taken into account. asbestos litigation meaning of limitations is one of the most important. The statute of limitations is the time limit at which the victim has to make a claim. Failure to file a lawsuit will result in the case being thrown out. The statute of limitations varies in each state, and laws differ widely, but most allow for between one and six years from when the victim was diagnosed with an asbestos-related disease.

In an asbestos case defendants frequently make use of the statute of limitations as a defense against liability. They may say, for example, that the plaintiffs should have known or knew about their asbestos exposure and had an obligation to notify their employer. This is an argument that is common in mesothelioma cases and isn't easy for the victim to prove.

A defendant in an asbestos case may be able to claim that they did not have the resources or means to warn about the dangers of the product. This is a difficult case and depends largely on the evidence available. For instance, it has been successfully argued in California that the defendants did not possess "state-of-the-art" knowledge and could not be expected to provide adequate warnings.

Generally speaking, it is preferential to file the asbestos lawsuit within the state where the victim's residence. However, there are some circumstances where it may be beneficial to file the lawsuit in another state. This usually has something to be related to where the employer is located or the place where the employee was first exposed to asbestos.


Bare Metal

The defense of bare metal is a tactic that equipment manufacturers employ in asbestos litigation. The bare metal defense argues that, because their products left the factory as untreated steel, they didn't have a duty to warn about the dangers posed by asbestos-containing products later added by other parties, like thermal insulating flange seals and flange seals. This defense is accepted in some jurisdictions but not everywhere.

The Supreme Court's ruling in Air & Liquid Sys. Corp. v. DeVries has changed the law. The Court did not accept the bright-line rule that manufacturers prefer and instead formulated the standard that requires the manufacturer to notify customers when they know that their integrated product is hazardous for its intended purpose. They have no reason to believe that users will realize this danger.

Although this change in law could make it more difficult for plaintiffs to win claims against equipment manufacturers, it is not the end of the tale. First, the DeVries decision is not applicable to state-law claims 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 to pursue a broader interpretation of the bare metal defense. In the Asbestos Multi-District Litigation in Philadelphia for instance the case was remanded back to an Illinois federal judge to determine whether that state recognizes this defense. The plaintiff who died in the case was a carpenter who was exposed to switchgear and turbines at an Texaco refinery which contained asbestos-containing components.

In a similar case a judge in Tennessee has indicated that he will adopt a third view of the bare-metal defense. In the case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed as having mesothelioma. He was employed 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 situations.

Defendants' Experts

Asbestos lawsuits are complicated and require skilled lawyers with a deep knowledge of both legal and medical issues and access to top experts. The attorneys at EWH have decades of experience in assisting clients with various asbestos litigation cases, such as investigating claims, preparing strategic budgets and litigation management plans, finding and retaining experts, and defending defendants' and plaintiffs expert testimony in deposition and at trial.

Typically, asbestos cases will require the testimony of medical professionals like a radiologist or pathologist. They will testify that X-rays and CT scans show the typical scarring of lung tissue due to asbestos exposure. A pulmonologist could also testify on symptoms, like difficulty in breathing, that are similar to mesothelioma as well as other asbestos-related illnesses. Experts can also provide a detailed history of work performed by the plaintiff, including a review of job, union and tax records as well as social security records.

It is possible to consult an engineer from the forensic field or an environmental scientist in order to determine the source of asbestos exposure. Experts in these fields can assist plaintiffs argue that the asbestos was not exposed at the workplace and was instead brought home on workers' clothing or in the air outside (a common defense in mesothelioma cases).

Many plaintiffs lawyers will call in economic loss experts to assess the financial losses suffered by the victims. They will be able to calculate the amount of money a person suffered due to their illness and its impact on their lifestyle. They can also testify about expenses such as the cost of medical bills as well as the cost of hiring a person to take care of household chores that the person is unable to do anymore.

It is crucial for defendants to challenge expert witnesses of the plaintiff, especially in cases where they've testified in dozens or even hundreds of asbestos-related cases. If they repeat their testimony, these experts could lose credibility with jurors.

Plaintiffs in asbestos cases may also seek summary judgment if they can show that the evidence does not show that the plaintiff suffered injuries caused by their 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

Due to the latency issues in asbestos cases, it can be difficult to make an accurate discovery. The duration between exposure and illness can be measured by decades. As such, establishing the facts upon which to build a case requires a thorough review of the entire work history. This often involves a thorough analysis of social security as well as tax, union, and financial records, as well as interviews with co-workers and family members.

Asbestos-related victims are often diagnosed with less serious diseases like asbestosis before being diagnosed with mesothelioma. Because of this, the ability of a defendant to prove that a plaintiff's symptoms are caused by a disease other than mesothelioma could be of significant value in settlement negotiations.

In the past, certain lawyers employed this strategy to deny responsibility and get large amounts of money. As the defense bar has evolved, courts have generally resisted this strategy. This is especially true in federal courts, where judges routinely reject such claims due to lack of evidence.

This is why an in-depth analysis of each potential defendant is crucial to a successful asbestos defense. This includes evaluating both the severity and length of the disease as well as the nature of the exposure. For instance a carpenter with mesothelioma may be awarded more damages than a person who has only suffered from 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 lawyers have extensive experience in the role of National Trial and National Coordinating Counsel, and are regularly appointed by courts as liaison counsel to oversee the prosecution of asbestos dockets.

Asbestos litigation can be a bit complicated and expensive. We help our clients to be aware of the risks associated with this type of litigation and we collaborate with them to create internal programs that are proactive and detect liability and safety issues. Contact us to learn how we can help protect the interests of your company.

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