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Asbestos Litigation Defense Cetrulo LLP is widely recognized as a leading expert in asbestos litigation defense. The attorneys of the Firm regularly speak at national conferences and are knowledgeable in the myriad issues that arise when asbestos litigation such as jurisdictional Case Management Orders and expert selection. Research has shown that exposure to asbestos can lead to lung disease and damage. This includes mesothelioma, as well as lesser diseases like asbestosis and plaques in the pleural region. Statute of Limitations In most personal injury cases statutes limit the time period after which a victim may make a claim. In the case of asbestos the statute of limitations is different by state and is different from in other personal injury claims due to the fact that asbestos-related diseases can 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 wrongful death cases) rather than at the date of exposure. Roswell asbestos lawyers is the reason the victims and their families need to work with an experienced New York mesothelioma lawyer as early as is possible. When you file a asbestos lawsuit, there are a variety of factors that must be considered. One of the most important is the statute of limitations. The statute of limitations is the deadline by which the victim must make a claim. In the event of a delay, it could result in the case being barred. The time limit for filing a lawsuit differs from state to state and laws differ widely. However, most states allow between one and six years after the victim was diagnosed. In an asbestos-related case when the defendants often attempt to invoke the statute of limitations to defend against liability. For instance, they could claim that the plaintiffs knew or should have known about their exposure, and therefore had a duty to notify their employer. This is a common argument in mesothelioma lawsuits, and it can be difficult for the plaintiff to prove. A defendant in a case involving asbestos could also claim that they did not have the resources or the means to warn people 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 defendants did not have “state-of-the-art” knowledge and could not be expected to provide adequate warnings. In general, it is recommended to file the asbestos lawsuit in the state where the victim's residence. However, there are circumstances in which it might be appropriate to file the lawsuit in a different state. This usually has something to relate to where the employer is located or where the worker was first exposed to asbestos. Bare Metal The bare-metal defense is a strategy used by equipment manufacturers in asbestos litigation. The bare metal defense asserts that because their products left the plant in bare steel, they did not have a duty to inform about the dangers of asbestos-containing products later added by other parties, like thermal insulating flange seals and flange seals. This defense is recognized in certain 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 created a standard that requires the manufacturer to notify customers when they are aware that their integrated product is hazardous for its intended use and there is no reason to believe that the end users will realize this danger. This change in law makes it more difficult plaintiffs to bring claims against equipment manufacturers. However it's not the end of the story. The DeVries decision is not applicable to state-law claims which are based on strict liability, or negligence, and therefore not brought under federal maritime law statutes, such as the Jones Act. Plaintiffs will continue to pursue a broader understanding 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 if the state recognizes this defense. The plaintiff who died in the case worked as a carpenter and was exposed to switchgear and turbines in the Texaco refinery that contained asbestos-containing components. In a similar instance, a judge in Tennessee has stated that he will 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 was employed on equipment that was repaired or replaced by third party contractors, including Equipment Defendants. The judge in the case held that bare-metal defenses can be applied to cases similar to this. The Supreme Court's decision in DeVries will have an impact on how judges use the bare metal defense in other contexts for example, those involving tort claims brought under state law. Defendants' Experts Asbestos lawsuits are complicated and require experienced lawyers with a deep knowledge of both legal and medical issues, as well as access to top expert witnesses. EWH attorneys have decades of experience in asbestos litigation, such as investigating claims, developing strategies for managing litigation and budgets, as well as identifying and hiring experts and defending plaintiffs as well as defendants expert testimony at trials and depositions. Typically, asbestos cases will 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 lung tissue scarring due to asbestos exposure. A pulmonologist can also be a witness to symptoms like difficulty breathing, which are similar to those of mesothelioma and other asbestos-related illnesses. Experts can provide an in-depth account of the plaintiff's work background, including an examination of his or her tax, social security documents, union and job information. A forensic engineering or environmental science expert could be required to explain the source of the asbestos exposure. Experts in these fields can assist defendants argue that the alleged asbestos was not exposed at work and instead was ingested through clothing worn by workers or in the air outside (a common defense in mesothelioma cases). Many of the plaintiffs lawyers will bring experts in economic loss to determine the financial losses suffered by the victims. They will be able to calculate the amount of money a victim lost as a result of their illness and its impact on their lifestyle. They can also testify about expenses such as the cost of medical bills and the price of hiring a person to take care of household chores that one can no longer perform. It is important for defendants to challenge plaintiff's expert witnesses, especially when they have given evidence in dozens, or hundreds of other asbestos-related claims. If they repeat their testimony, these experts may lose credibility with jurors. Defendants in asbestos cases can also seek summary judgment if they demonstrate that the evidence does not prove that the plaintiff suffered any injuries caused by their exposure to the defendant's product. A judge will not grant summary judgement just because a defendant points out weaknesses in the plaintiff's evidence. Going to Trial The latency issues involved in asbestos cases means that significant information can be almost impossible. The time between exposure and the onset of the disease can be measured in years. Thus, establishing the facts upon which to build a case requires a thorough 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 victims often develop less serious illnesses like asbestosis before being diagnosed with mesothelioma. Due to this, the ability of a defendant to demonstrate that the plaintiff's symptoms could be due to a different illness than mesothelioma is valuable in settlement negotiations. In the past, certain attorneys have employed this method to deny responsibility and get large amounts of money. However as the defense bar has grown the strategy has been 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 crucial to be able to defend effectively in asbestos litigation. This includes assessing the duration and nature of the exposure as in addition to the degree of any diagnosed illness. For instance, a worker who is diagnosed with mesothelioma is more likely to suffer more damage than someone who has 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 been appointed as National Trial and National Coordination Counsel and are frequently appointed as liaison counsel by courts to manage asbestos dockets. Asbestos litigation can be complex and expensive. We assist our clients to understand the risks associated with this type of litigation. We assist them in establishing internal programs to detect potential safety and liability issues. Contact us today to learn more about how our company can protect your company's interests.