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Asbestos Litigation Defense Cetrulo LLP is widely recognized as a leading expert in asbestos litigation defense. The Firm's attorneys are regularly invited to speak at national conferences. They are also well-versed in the myriad of issues that arise when litigating asbestos cases. Research has proved that asbestos exposure causes lung damage and disease. This includes mesothelioma, as well as lesser diseases like asbestosis and plaques in the pleural region. Statute of Limitations In the majority of personal injury cases the statute of limitations establishes a time limit for how long after an accident or injury the victim is able to file a lawsuit. In asbestos cases, the statutes of limitations vary according to the state. They are also different from other personal injury claims since asbestos-related illnesses may take years to be apparent. Due to the delaying nature of mesothelioma, and other asbestos-related illnesses the statute of limitations begins at the time of diagnosis, or death in the case of wrongful death instead of the date of exposure. This discovery rule is why victims and their families should seek out as soon as they can with an experienced New York asbestos lawyer. There are a myriad of aspects to consider when filing an asbestos lawsuit. One of the most important is the statute of limitations. The statute of limitations is the date at which the victim has to start a lawsuit. Failure to file a lawsuit will result in the case being barred. The statute of limitations varies from state to state and laws differ widely. However, most allow between one and six years after the date of diagnosis. During an asbestos case when the defendants often attempt to invoke the statute of limitations as a defense against liability. They might argue that, for instance, plaintiffs should have been aware or had knowledge of their exposure to asbestos and that they had an obligation to notify their employer. This is a common argument used in mesothelioma lawsuits, and it can be difficult to prove for the victim. Another defense that could be used in an asbestos case is that the defendants did not have the resources or means to warn people of the dangers of the product. This is a complicated case and relies on the available evidence. For instance, it was successfully presented in California that defendants did not have “state-of-the-art” knowledge and thus could not be expected to provide adequate warnings. In general, it is best to start an asbestos lawsuit in the state where the victim resides. However, there are some circumstances where it may be beneficial to file the lawsuit in a different state. It usually has to do with the location of the employer or where the person was exposed to asbestos. Bare Metal The”bare-metal” defense is a method used by equipment manufacturers in asbestos litigation. It states that since their products left the factory as unfinished metal, they had no obligation to warn of the dangers of asbestos-containing materials added by other parties at a later time, such as thermal insulation and flange gaskets. This defense has been accepted in some jurisdictions, but it is not permitted under federal law in all states. The Supreme Court's decision in Air & Liquid Sys. Oxnard asbestos lawsuits . v. DeVries has reshaped the law. The Court rejected the preferred rule of manufacturers' bright line rule and instead created an entirely new standard that states that manufacturers have a responsibility to warn if it knows that its product will be harmful for its intended purposes and does not have any reason to believe that its end users will realize that risk. This modification in law makes it more difficult for plaintiffs to bring claims against manufacturers of equipment. However, this is not the end of the story. First it is that the DeVries decision is not applicable to state-law claims made on the basis of negligence or strict liability and are not covered under federal maritime law statutes, such as the Jones Act or the Maritime Claims Act. Plaintiffs will continue to pursue a wider interpretation of the bare metal defense. For example in the Asbestos MDL case in Philadelphia, a case was remanded to an Illinois federal court to decide whether that state recognizes the defense. The plaintiff who died in the case was a carpenter who was exposed to switchgear and turbines in a Texaco refinery which contained asbestos-containing components. In the same case in Tennessee, an Tennessee judge has stated that he would adopt the third perspective of the defense of bare-metal. The plaintiff in that case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma after working on equipment that was repaired or replaced by contractors of third party, including the Equipment Defendants. The judge in the case ruled that bare metal defenses apply to cases similar to this. The Supreme Court's DeVries decision will impact how judges apply the bare-metal defense in other contexts. Defendants' Experts Asbestos litigation is complex and requires lawyers with a extensive knowledge of law and medicine, as well as accessing top experts. Attorneys at EWH have decades of experience assisting clients in a variety of asbestos litigation matters including investigating claims, developing strategic budgets and litigation management strategies as well as identifying and retaining experts, and defending plaintiffs' and defendants expert testimony in deposition and during trial. Typically, asbestos cases require the testimony of medical professionals like pathologists and radiologists who testify on X-rays or CT scans that show scarring of the lung tissue that is typical of asbestos exposure. A pulmonologist may also testify about symptoms such as difficulty breathing, which are similar to those of mesothelioma, as well as other asbestos-related diseases. Experts can provide an in-depth report of the plaintiff's job background, including an analysis of their tax and social security, union and job records. It is possible to consult a forensic engineer or an environmental scientist in order to determine the source of asbestos exposure. These experts can help defendants to argue that asbestos exposure did not occur at the workplace, but brought to the home through clothing worn by workers or by airborne particles. A lot of plaintiffs lawyers will bring experts from the field to establish the monetary loss suffered by the victims. They can determine the amount of money a person has lost due to their disease and the impact it affected their life. They can also testify on expenses such as the cost of medical bills and the price of hiring someone to do household chores that a person can no longer perform. It is crucial for defendants to challenge the plaintiff's expert witnesses, especially when they have been called to testify in dozens or hundreds of asbestos-related cases. If they repeat their testimony, these experts could lose credibility with jurors. In asbestos cases, defendants can also seek summary judgement if they can show that the evidence doesn't prove that the plaintiff was injured due to exposure to the products of the defendant. A judge won't grant summary judgement just because a defendant identifies gaps in the plaintiff’s proof. Going to Trial Due to the latency issues in asbestos cases, it can be difficult to make a meaningful discovery. The time between exposure and the onset of disease can be measured by decades. To determine the facts on which to base a claim it is important to review an individual's work background. This usually involves an exhaustive examination of social security as well as tax, union, and financial records as along with interviews with coworkers and family members. Asbestos patients often develop less serious ailments like asbestosis prior to diagnosis of mesothelioma. Because of this, the ability of a defendant to demonstrate that plaintiff's symptoms stem from a disease other than mesothelioma may have a significant value in settlement negotiations. In the past, certain lawyers have employed this method to avoid responsibility and receive large sums. As the defense bar evolved, courts have generally resisted this strategy. This is especially evident in federal courts where judges have routinely dismissed such claims based on the lack 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 extent of exposure as in addition to the degree of any diagnosed illness. For instance carpenters with mesothelioma is likely to be awarded a higher amount of 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 as National Trial and National Coordinating Counsel, and are regularly appointed by courts as liaison counsel to manage the prosecution of asbestos dockets. Asbestos cases can be complicated and costly. We help our clients be aware of the risks associated with this type of litigation, and we assist them to create internal programs that are proactive and identify safety and liability concerns. Contact us today to find out how we can help protect the interests of your company.