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Asbestos Litigation Defense Cetrulo LLP has been widely acknowledged as a pioneer in asbestos litigation. The Firm's attorneys regularly speak at national conferences and are well-versed in the many issues that arise when the defense of asbestos cases, including jurisdictional Case Management Orders and expert selection. Research has shown that exposure to asbestos causes lung damage and disease. This includes mesothelioma, and lesser illnesses like asbestosis and pleural plaques. Statute of limitations In the majority of personal injury claims statutes limit the time frame within which a victim may make an action. In asbestos cases, statutes of limitations differ according to the state. They also differ from other personal injury claims since asbestos-related illnesses may take a long time to develop. Due to the delayed nature mesothelioma, and other asbestos-related illnesses, the statute of limitation begins at the time of diagnosis, or death in the case of wrongful death instead of the date of exposure. This discovery rule is the reason victims and their family members should consult an experienced New York mesothelioma lawyer as soon as possible. There are a myriad of aspects to take into consideration when filing an asbestos lawsuit. One of the most important is the statute of limitations. This is the time limit which the victim must make a claim by, and failure to file the lawsuit will result in the case being dismissed. The time limit for filing a lawsuit varies from state to state and laws differ widely. However, most allow between one and six year after the time that the victim was diagnosed. In an asbestos case defendants frequently employ the statute of limitations as a defense against liability. For example, they may claim that the plaintiffs knew or should have known about their exposure and therefore had a legal obligation to inform their employer. This is a common argument in mesothelioma lawsuits, and it can be difficult for the plaintiff to prove. Another potential defense in a asbestos case is that the defendants did not have the means or resources to inform the public about the dangers associated with the product. This is a complex argument and largely depends on the evidence that is available. In California, for example, it was successfully claimed that defendants were not equipped with “state-ofthe-art” information and therefore could not provide adequate warnings. Generally speaking, it is preferential to file the asbestos lawsuit within the state where the victim's home. However, there are some circumstances where it may be beneficial to file the lawsuit in a different state. This is usually to relate to 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 standard strategy used by manufacturers of equipment in asbestos litigation. It states that since their products left the factory as unfinished metal, they had no duty to warn of the risks of asbestos-containing materials added by other parties at a later date like thermal insulation and gaskets for flanges. This defense is accepted in a few states, but it's not permitted under federal law in all states. The Supreme Court's ruling in Air & Liquid Sys. Corp. v. DeVries changed the rules. The Court did not accept the bright-line rule of manufacturers and instead established a standard that requires manufacturers to inform consumers if they know that their integrated product is hazardous for its intended purpose. They have no reason to think that the end users will realize this danger. This change in law makes it more difficult plaintiffs to bring claims against manufacturers of equipment. However this isn't the end of the story. 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 like the Jones Act. Plaintiffs will continue to pursue a broader interpretation of the bare metal defense. In the Asbestos Multi-District Litigation of Philadelphia for instance the case was remanded to an Illinois federal judge to determine if that state recognizes this defense. The plaintiff who died in that case was a carpenter who was exposed to switchgear and turbines in a Texaco refinery that contained asbestos-containing parts. In the same case in Tennessee, an Tennessee judge has indicated that he will adopt the third view 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 contractors from third parties 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 influence how judges apply the bare metal defense in other situations. Defendants' Experts Asbestos litigation can be complex and requires lawyers with extensive knowledge of law and medicine as well as access to experts of the highest caliber. EWH attorneys have years of experience in asbestos litigation, such as investigating claims, preparing strategies for managing litigation and budgets, identifying and bringing in experts as well as defending plaintiffs and defendants expert testimony at trials and depositions. Typically, asbestos cases require the testimony of medical professionals like a radiologist and pathologist who can testify regarding X-rays or CT scans that show the lung tissue being damaged typical of asbestos exposure. A pulmonologist may also testify about symptoms such as breathing difficulties, which are similar to those experienced by mesothelioma or other asbestos-related diseases. Experts can also provide a full details of the work performed by the plaintiff, including a review of employment, union, tax, and social security documents. A forensic engineer or environmental scientist may be necessary to explain the reason for the asbestos exposure. These experts can help the defendants argue that the asbestos exposure was not at the workplace, but brought into the home through the clothing of workers or the outside air. A lot of plaintiffs' lawyers employ economic loss experts to assess the financial losses suffered by the victims. They can determine the amount of money a person has lost due to illness and the impact it has had on their life. They can also testify about expenses like the cost of medical bills as well as the cost of hiring someone to do household chores that the person is unable to do anymore. It is crucial that plaintiffs challenge defendants' expert witnesses, particularly if they have testified on dozens or hundreds of other asbestos claims. Experts may lose credibility with the jury when their testimony is repeated. In asbestos cases, defendants can also request summary judgment if they show that the evidence does not show that the plaintiff was injured from exposure to the defendant's product. However the judge will not give summary judgment merely because the defendant cites holes in the plaintiff's proof. Trial Due to the latency issues that are prevalent in asbestos cases, it can be difficult to make a significant discovery. The time between exposure and the onset of the disease could be measured in years. To determine the facts on which to build a claim it is important to examine an individual's employment history. This often involves a thorough examination of social security, union, tax and financial records, as along with interviews with coworkers and family members. Asbestos sufferers are more likely to develop less serious diseases such as asbestosis prior to a mesothelioma diagnosis. Because of this, the ability of a defendant to show that the plaintiff's symptoms stem from a disease other than mesothelioma could be of significant importance in settlement negotiations. In the past, certain lawyers employed this strategy to avoid responsibility and receive large awards. However as the defense bar has developed and diversified, this strategy has been largely rejected by the courts. Birmingham asbestos attorney is especially true in federal courts, where judges regularly reject such claims due to lack of evidence. A careful evaluation of every potential defendant is crucial to ensure a successful defense in asbestos litigation. This includes evaluating the severity and duration of the illness and the extent of the exposure. For instance, a woodworker 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 as well as property owners and employers in asbestos-related litigation. Our lawyers have served 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 help our clients to understand the risks involved in this kind of litigation and we work with them to create internal programs that will proactively identify liability and safety concerns. Contact us today to find out how we can protect the interests of your company.