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Asbestos Litigation Defense Cetrulo LLP has been widely acknowledged as a pioneer in asbestos litigation. The Firm's attorneys are regularly invited to give presentations at national conferences. They are also knowledgeable on the numerous issues that arise when defending asbestos cases. Research has shown that asbestos exposure can cause lung damage and disease. This includes mesothelioma as well as lesser illnesses like asbestosis and pleural plaques. Statute of limitations In most personal injury cases the statute of limitations defines a time frame for the length of time that follows an accident or injury the victim is allowed to start a lawsuit. For asbestos the statute of limitations is different by state and differs from other personal injury cases because the symptoms of asbestos-related illnesses can take decades to show up. Jacksonville asbestos lawsuits to the delayed nature mesothelioma as well as other asbestos-related illnesses, the statute of limitation begins at the time of diagnosis or death in wrongful death claims instead of the date of exposure. This discovery rule is the reason victims and their families must consult an experienced New York mesothelioma lawyer as soon as possible. There are many aspects to consider when filing an asbestos lawsuit. One of the most important is the statute of limitations. This is the date that the victim must file the lawsuit by, and failure to file the lawsuit will result in the case being dismissed. The statute of limitations differs from state to state and laws vary greatly. However, the majority allow between one and six years after the date of diagnosis. In asbestos cases defendants typically make use of the statute of limitations as a defense against liability. They could argue that, for instance, plaintiffs should have been aware or were aware of their asbestos exposure and had an obligation to notify their employer. This is a common argument in mesothelioma cases and it can be difficult for the victim to prove. A defendant in a case involving asbestos could also argue that they did not have the resources or the means to warn about the dangers of the product. This is a difficult case and relies on the available evidence. In California, for example it was argument that defendants did not have “state-ofthe-art” information and were not able to give adequate warnings. Generally speaking, it is preferential to file the asbestos lawsuit within the state of the victim's residence. In some cases, it may make sense to make a claim in a state other than the victim's. This usually has something to relate to the location of the employer or the place where the employee was first exposed to asbestos. Bare Metal The bare metal defense is a typical strategy used by equipment manufacturers in asbestos litigation. The bare-metal defense claims that, because their products left the plant as bare steel, they didn't have a duty to warn about the dangers of asbestos-containing materials later added by other parties, such as thermal insulating flange seals and flange seals. This defense is accepted in a few 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 altered that. The Court rejected the manufacturers' preferred bright line rule, and instead created an entirely new standard that states that manufacturers are required to warn consumers if it is aware that its integrated product will be dangerous for its intended purposes and does not have any reason to believe that the end customers will be aware of the risk. This modification in law makes it more difficult for plaintiffs to file claims against equipment manufacturers. However it's not the end of the story. First it is that the DeVries decision is not applicable to state-law claims based on negligence or strict liability and are not brought under the federal maritime law statutes, like the Jones Act or the Maritime Claims Act. Plaintiffs will continue to pursue a broader interpretation of the defense of bare-metal. For instance in the Asbestos MDL in Philadelphia the case has been remanded back to an Illinois federal court to determine whether the state is able to recognize the defense. The plaintiff who died in that case was a carpenter, and was exposed to turbines and switchgear at a Texaco refinery that contained asbestos-containing parts. In the same case in Tennessee, an Tennessee judge has indicated that he is likely to 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 had been repaired or replaced by third-party contractors which included the Equipment Defendants. The judge in that case ruled that the bare metal defense applies to cases such as this. The Supreme Court's decision in DeVries will have an impact on how judges use the bare metal defense in other situations like those that involve tort claims under state law. Defendants' Experts Asbestos litigation is complex and requires attorneys with extensive knowledge of law and medicine as well as access to top experts. EWH attorneys have years of experience in asbestos litigation, such as investigating claims, creating strategies for managing litigation and budgets, as well as identifying and hiring experts and defending plaintiffs as well as defendants expert testimony at depositions and trials. Typically asbestos cases require testimony of medical professionals, such as pathologists and radiologists who can testify about X-rays or CT scans that show scarring of lung tissue that is typical of asbestos exposure. A pulmonologist can also testify regarding symptoms, such as breathing problems, which are similar to mesothelioma and other asbestos-related illnesses. Experts can provide a thorough report of the plaintiff's job history, including an examination of his or her tax social security, union and job records. An forensic engineering or environmental science expert may be necessary to explain the reason for the asbestos exposure. Experts in these fields can assist defense attorneys argue that the alleged asbestos was not exposed in the workplace and instead was brought home on workers' clothing or from the outside air (a common defense in mesothelioma cases). Many attorneys representing plaintiffs employ economic loss experts to assess the financial loss suffered by victims. These experts can calculate how much money a victim has lost due to their illness and the impact it affected their life. They can also testify to expenses such as medical bills and the cost of hiring someone to perform household chores that a person is no longer able to complete. It is crucial that defendants challenge the plaintiffs' expert witnesses, particularly in the event that they have testified on dozens or hundreds of asbestos claims. These experts can lose credibility before jurors when their testimony is repeated. In asbestos cases, defendants can also seek summary judgment if they can show that the evidence does not prove that the plaintiff suffered injury due to exposure to the defendant's products. However the judge will not give summary judgment merely because the defendant points to weaknesses in the plaintiff's evidence. Trial Due to the latency issues involved in asbestos cases, it can be difficult to make a significant discovery. The lag between exposure and the onset of disease can be measured in years. Therefore, determining the facts upon which to create a case, will require a thorough examination of an individual's entire work history. This often involves a thorough review of social security and tax records, union and financial records, as well as interviews with co-workers and family members. Asbestos patients often develop less serious illnesses such as asbestosis prior to the diagnosis of mesothelioma. Because of this, the ability of a defendant to show that the plaintiff's symptoms are due to an illness other than mesothelioma may have a significant significance in settlement negotiations. In the past, certain attorneys employed this strategy to avoid responsibility and receive large sums. However, as the defense bar has grown and diversified, this strategy is generally rejected by the courts. This has been particularly true in the federal courts where judges have frequently dismissed claims due to the absence of evidence. This is why an accurate assessment of each potential defendant is essential to an effective asbestos litigation defense. This includes assessing the severity and duration of the disease and the extent of the exposure. For instance, a worker who has mesothelioma will likely to suffer more damages than someone who only has asbestosis. The Bowles Rice Asbestos Litigation Team regularly defends suppliers, manufacturers contractors, distributors, property owners, and employers in asbestos related litigation. Our lawyers have been National Trial and National Coordination Counsel and are regularly appointed as liaison counsel by courts to manage asbestos dockets. Asbestos litigation can be a bit complicated and expensive. We assist our clients in understanding the potential risks associated with this type of litigation. We collaborate with them to develop internal programs designed to proactively identify potential liability and safety issues. Contact us to learn how we can safeguard the interests of your company.