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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 knowledgeable on the many issues that arise in litigating asbestos cases.

Research has proven that asbestos exposure causes lung damage and diseases. This includes mesothelioma, as well as lesser diseases like asbestosis and plaques in the pleural cavity.

Statute of Limitations

In the majority of personal injury claims there is a statute that limits the time period after which a victim can file an action. In the case of asbestos, the statute of limitations differs by state and is different than in other personal injury claims because the symptoms of asbestos-related illnesses can take decades to show up.

Due to the delay in the development of mesothelioma as well as other asbestos-related diseases the statute of limitation begins at the time of diagnosis (or death in wrongful death cases) instead of the time of exposure. This discovery rule is the reason the victims and their families must consult a reputable New York mesothelioma lawyer as soon as they can.

When making an asbestos lawsuit, there are a variety of aspects that must be taken into account. The statute of limitations is among the most important. This is the deadline which the victim must submit the lawsuit by, and failing to file the lawsuit could cause the case to be closed. The time limit for filing a lawsuit varies according to state, and the laws differ widely however, most states allow between one and six years from when the victim was diagnosed with an asbestos-related disease.

In an asbestos-related case when the defendants often attempt to use the statute of limitations to defend against liability. They may say, for example, that plaintiffs should have been aware or were aware of their exposure to asbestos and that they had a duty of notification to their employer. This is an argument that is common in mesothelioma cases and can be difficult for the plaintiff to prove.

A defendant in an asbestos case could also argue that they did not have the resources or means to warn about the dangers of the product. This is a complicated case that relies heavily on the available evidence. For instance it was successfully made in California that defendants did not have "state-of-the-art" expertise and therefore could not be expected to give adequate warnings.

In general, it is recommended to start the asbestos lawsuit in the state where the victim's home. In certain situations it may be appropriate to bring a lawsuit in a different state from the victim's. It usually has to do with do with the location of the employer or where the worker was first exposed to asbestos.

Bare Metal

The defense of bare metal is a typical strategy used by equipment manufacturers in asbestos litigation online litigation. It argues that since their products left the factory as bare metal, they had no obligation to warn about the dangers of asbestos-containing products added by other parties later like thermal insulation and flange gaskets. This defense has been embraced in certain areas, but it is not a federally-approved option in all states.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has changed the law. The Court has rejected the bright-line rule that manufacturers prefer and instead established a standard that requires a manufacturer to warn when they are aware that their integrated product is hazardous for its intended use and have no reason to believe that the users who purchase the product will be aware of this danger.

This modification in law makes it more difficult for plaintiffs to file claims against equipment manufacturers. However it's not the end. For one it is that the DeVries decision is not applicable to state-law claims that are made on the basis of negligence or strict liability and are not covered under federal maritime law statutes, like the Jones Act or the Maritime Claims Act.

Plaintiffs will continue to pursue a wider reading of the bare metal defense. For instance in the asbestos MDL in Philadelphia the case was remanded to an Illinois federal court to decide whether the state of Illinois recognizes the defense. The plaintiff who died in this case was a carpenter who had been exposed to turbines, switchgear and other asbestos-containing components at the Texaco refining facility.

In a similar case, a judge in Tennessee has stated that he is likely to adopt a third view of the bare-metal defense. In the case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed as having mesothelioma. He was employed on equipment that was repaired or replaced by third party contractors, which included Equipment Defendants. The judge in the case ruled that bare-metal defenses can be applied to cases like this. The Supreme Court's DeVries decision will impact how judges apply the bare metal defense in other situations.

Defendants' Experts

Asbestos lawsuits are complex and require skilled attorneys who have a thorough knowledge of legal and medical issues as well as access to expert witnesses of the highest caliber. EWH attorneys have decades of experience in asbestos litigation, including investigating claims, preparing litigation management plans and strategic budgets, identifying and bringing in experts and defending plaintiffs as well as defendants in expert testimony at depositions and trials.

In most cases, asbestos cases require the testimony of medical professionals like a radiologist or pathologist. They can testify that X-rays and CT scans show the typical lung tissue scarring caused by asbestos exposure. A pulmonologist may also be a witness to symptoms like breathing difficulties and coughing, which are similar to symptoms of mesothelioma, as well as other asbestos-related diseases. Experts can provide a thorough description of the plaintiff's employment background, Asbestos Litigation Defense including an analysis of their 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. These experts can help the defendants argue that the asbestos exposure was not at the workplace, but was brought home by workers' clothing or by airborne particles.

A lot of plaintiffs' lawyers employ experts in economic loss to calculate the financial loss suffered by victims. They can determine how much money a victim has lost due to their illness and the effect it had on his or her life. They can also testify to costs like medical bills and the cost of hiring someone else to complete household chores a person cannot complete.

It is crucial for defendants to challenge plaintiff's expert witnesses, asbestos litigation defense especially when they have been called to testify in dozens or hundreds of other asbestos-related claims. If they repeat their testimony, these experts could lose credibility with jurors.

In asbestos cases, defendants may also seek summary judgment in cases where they can demonstrate that the evidence does not establish that the plaintiff was injured due to exposure to the products of the defendant. A judge will not give summary judgment just because a defendant identifies gaps in the plaintiff’s proof.

Going to Trial

The issues of latency in asbestos cases means that significant information can be almost impossible. The duration between exposure and illness can be measured by decades. To establish the facts on which to build an argument, it is necessary to look over an individual's job history. This often involves a thorough review of social security as well as tax, union and financial records as well as interviews with co-workers and family members.

Asbestos sufferers are often diagnosed with less serious ailments like asbestosis prior to diagnosis of mesothelioma. Due to this, the ability of a defendant to demonstrate that a plaintiff's symptoms might be due to a different illness that is not mesothelioma-related is crucial in settlement negotiations.

In the past, certain lawyers have employed this method to avoid responsibility and receive large awards. However, as the defense bar has grown and diversified, this strategy is generally rejected by the courts. This has been particularly evident in federal courts, where judges have frequently dismissed claims based on lack of evidence.

An in-depth analysis of each potential defendant is essential to be able to defend effectively in asbestos litigation. This includes assessing both the severity and length of the disease and the extent of the exposure. For example carpenters with mesothelioma will likely be awarded more damages than one who has only suffered from asbestosis.

The Bowles Rice Asbestos Litigation Team regularly defends product manufacturers, suppliers, distributors, contractors and property owners as well as 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 handle asbestos litigation meaning dockets.

Asbestos cases can be complex and expensive. We assist our clients in understanding the risks associated with this type of litigation and 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 business's interests.