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Asbestos Litigation Defense Cetrulo LLP is widely recognized as a leader in asbestos litigation defense. The Firm's attorneys are regularly invited to speak at national conferences. They are also knowledgeable on the many issues that arise when defending asbestos cases. Research has proved that asbestos exposure causes lung damage and disease. This includes mesothelioma, and lesser diseases such as asbestosis and plaques in the pleural cavity. Statute of limitations In the majority of personal injury claims statutes limit the time limit within which a victim can make an action. In asbestos cases, statutes of limitations differ according to the state. They are also different from other personal injury claims as asbestos-related illnesses can take a long time to develop. Due to the delaying nature of mesothelioma and other asbestos-related diseases the statute of limitation clock begins at the date of diagnosis (or death in cases of wrongful death) rather than at the time of exposure. This discovery rule is why victims and their families must consult an experienced New York mesothelioma lawyer as soon as possible. When you file a asbestos lawsuit, there are many things that need to be taken into account. The statute of limitations is one of the most crucial. The statute of limitations is the time limit that the victim has to file a lawsuit. In the event of a delay, it will result in the lawsuit being barred. The time limit for filing a lawsuit is different from state to state and the laws differ greatly. However, Longmont asbestos attorneys allow between one and six years after the date of diagnosis. During an asbestos case, the defendants will often try to use the statute of limitations to defend against liability. For instance, they could argue that the plaintiffs were aware or ought to have known about their exposure and thus were required to inform their employer. This is an argument that is common in mesothelioma litigation, and it can be difficult for the victim to prove. Another defense that could be used in a case involving asbestos is that the defendants did not have the resources or the means to warn of the dangers associated with the product. This is a difficult case and depends largely on the evidence available. In California, for example, it was successfully argued that the defendants lacked “state-ofthe-art” information and were not able to provide adequate warnings. In general, it is best to file an asbestos lawsuit in the state where the victim resides. However, there are situations in which it might make sense to file the lawsuit in a different state. This is usually to do with the location of the employer or the place where the employee was first exposed to asbestos. Bare Metal The defense of bare metal is a tactic 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 dangers of asbestos-containing products added by other parties at a later time, such as thermal insulation and gaskets for flanges. This defense has been accepted in some areas, but it is not permitted under federal law in all states. 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 an entirely new standard that states that manufacturers have a responsibility to warn consumers if it is aware that its integrated product will be harmful for the purpose it was designed for and has no reason to believe that its final users will realize that risk. This modification in law will make it more difficult for plaintiffs to bring claims against equipment manufacturers. However, this is not the end. The DeVries decision does not apply 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 seek a more expansive understanding of the bare-metal defense. In the Asbestos Multi-District Litigation of Philadelphia, for example the case was remanded to an Illinois federal judge to determine if that state recognizes this defense. The plaintiff who died in that case worked as a carpenter and was exposed to turbines and switchgear at a Texaco refinery which contained asbestos-containing components. In a similar case in Tennessee, a Tennessee judge has stated that he would adopt the third perspective of bare metal defense. The plaintiff in the case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma while working on equipment that had been repaired or replaced by contractors from third parties including the Equipment Defendants. The judge in that case held that the bare-metal defense is applicable to cases like this. The Supreme Court's DeVries decision will impact how judges use the bare-metal defense in other contexts. Defendants' Experts Asbestos litigation is a complex affair and requires lawyers with vast knowledge of both law and medicine as well as access to top experts. EWH attorneys EWH have decades of experience helping clients in a variety of asbestos litigation issues, including analyzing claims, developing strategic budgets and litigation management strategies, finding and retaining experts, and defending plaintiffs' and defendants expert testimony during depositions and in court. In most cases, asbestos cases require the testimony from medical professionals such as a radiologist or pathologist. They can confirm that X-rays as well as CT scans reveal the typical lung tissue scarring caused by asbestos exposure. A pulmonologist may also testify on symptoms, such as difficulty in breathing, that are similar to mesothelioma as well as other asbestos-related diseases. Experts can provide a detailed description of the plaintiff's employment history, including an investigation of their tax social security documents, union and job information. A forensic engineer or environmental scientist may be necessary to explain the source of the asbestos exposure. These experts can aid defendants to argue that asbestos exposure was not in the workplace, but brought home by workers' clothing or by airborne particles. A lot of plaintiffs' lawyers will bring experts from the field to establish the monetary losses suffered by the victims. They can estimate the amount of money a person suffered due to their illness and its effect on their lifestyle. They can also testify on costs like medical bills and the cost of hiring someone else to complete household chores that an individual is no longer able to perform. It is crucial for defendants to challenge the plaintiff's expert witnesses, especially in cases where they've given evidence in dozens, or hundreds of asbestos-related cases. These experts can lose credibility before jurors if their testimony is repeated. Defendants in asbestos cases can also apply for summary judgment if they can demonstrate that the evidence does not establish that the plaintiff was injured from exposure to the defendant's product. However a judge won't accept summary judgment simply because the defendant has pointed out weaknesses in the plaintiff's evidence. Going to Trial Due to the latency issues involved in asbestos cases, it is difficult to make an accurate discovery. The time between exposure and the development of disease can be measured in decades. Thus, establishing the facts on which to build a case will require a thorough examination of an individual's entire work history. 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 might be caused by a different disease than mesothelioma is valuable in settlement negotiations. In the past, certain lawyers have employed this method to avoid responsibility and receive large sums. As the defense bar grew, courts have largely rejected this approach. This is particularly true in the federal courts, where judges have frequently dismissed claims based on the lack of evidence. Because of this, a careful evaluation of every potential defendant is essential for a successful asbestos litigation defense. This includes assessing the duration and the nature of the exposure as well as the degree of any diagnosed illness. For instance a carpenter with mesothelioma may be awarded higher damages than one who has only had asbestosis. The Bowles Rice Asbestos Litigation Team regularly defends suppliers, manufacturers, distributors, contractors, property owners, and employers in asbestos related litigation. Our lawyers have been appointed as National Trial and National Coordination Counsel and are regularly appointed as liaison counsel by courts in order to manage asbestos dockets. Asbestos cases can be complex and costly. We assist our clients in understanding the risks involved in this type of litigation. We work with them to formulate internal programs that will detect potential safety and liability concerns. Contact us today to find out more about how our firm can protect your business's interests.