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Asbestos Litigation Defense Cetrulo LLP has been widely acknowledged as a pioneer in asbestos litigation. The attorneys of the Firm are regularly invited to give presentations at national conferences. They are also knowledgeable on the many issues that arise in trying to defend asbestos cases. Research has proven that asbestos exposure can cause lung damage and cause lung disease. This includes mesothelioma as other lesser illnesses 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 the time after an accident or injury, the victim can bring an action. In the case of asbestos the statute of limitations differs by state and differs from in other personal injury lawsuits due to the fact that asbestos-related diseases can take years to manifest. Due to the delayed nature of mesothelioma and asbestos-related diseases the statute of limitations clock begins at the date of diagnosis (or death, in the case of wrongful deaths) rather than at the time of exposure. This discovery rule is the reason why victims and their families should seek out as soon as they can with a reputable New York asbestos lawyer. There are many aspects to take into consideration when making an asbestos lawsuit. One of the most important is the statute of limitations. This is the date that the victim must make a claim by, and failure to do so will result in the case being dismissed. The statute of limitations varies in each state, and laws differ greatly, but most allow for between one and six years from when the victim was diagnosed with an asbestos-related illness. In an asbestos-related case when the defendants often try to use the statute of limitations to defend against liability. For instance, they could argue that the plaintiffs were aware or should have known about their exposure and therefore had a legal obligation to inform their employer. This is a common defense in mesothelioma lawsuits, and it can be difficult to prove for the victim. A defendant in an asbestos case could also claim that they did not have the resources or the means to warn people about the dangers of the product. This is a complex argument that relies on the evidence that is available. In California for instance, it was successfully argument that defendants did not have “state-ofthe-art” information and could not be expected give adequate warnings. In general, it is best to start an asbestos lawsuit in the state in which the victim resides. However, there are situations in which it might be beneficial to file the lawsuit in a different state. It usually has to do with do with where the employer is located or where the person was first exposed to asbestos. Bare Metal The bare-metal defense is a strategy that equipment manufacturers use in asbestos litigation. Atlanta asbestos lawyers asserts that because their products left the factory as unfinished metal, they had no duty to warn of the risks of asbestos-containing products that were added by other parties later for example, thermal insulation and gaskets for flanges. This defense is a common one in some jurisdictions, but not everywhere. The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has altered the law. The Court did not accept the preferred rule of manufacturers' bright line rule, and instead established an entirely new standard that states that manufacturers have a responsibility to warn consumers if it is aware that its product will be hazardous for the purpose it was designed for and does not have any reason to believe that the end customers will be aware of the risk. This change in law will make it more difficult for plaintiffs to bring claims against equipment manufacturers. However, this is not the end. The DeVries decision is not applicable to state law claims based on strict liability or negligence, and therefore not brought under federal maritime law statutes, such as the Jones Act. Plaintiffs will continue pursuing an expanded interpretation of the bare-metal defense. For instance, in the Asbestos MDL in Philadelphia the case has been remanded to an Illinois federal court to decide whether that state recognizes the defense. The deceased plaintiff in that claim was a carpenter who was exposed to turbines and switchgear at an Texaco refinery that contained asbestos-containing parts. In a similar case in Tennessee, a Tennessee judge has indicated that he is likely to adopt the third perspective of the defense of bare-metal. The plaintiff in the case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma following working on equipment that was repaired or replaced by contractors of third party which included the Equipment Defendants. The judge in the case decided that bare metal defenses are applicable to cases like this. The Supreme Court's decision in DeVries will influence the way judges apply the bare metal defense in other contexts for example, those involving tort claims under state law. Defendants' Experts Asbestos litigation is complex and require experienced lawyers with a deep understanding of medical and legal issues, as well as access to expert witnesses of the highest caliber. EWH attorneys EWH have years of experience in assisting clients with various asbestos litigation issues, including analyzing claims, preparing strategic budgets and litigation management strategies, identifying and retaining experts, and defending defendants' and plaintiffs expert testimony in deposition and during trial. In most cases, asbestos cases require the testimony from medical professionals like a radiologist or pathologist. They can testify that X-rays and CT scans show the typical scarring of lung tissue due to asbestos exposure. A pulmonologist is also able to provide evidence of symptoms, such as breathing difficulties that are similar to symptoms of mesothelioma or other asbestos-related diseases. Experts can provide an in-depth account of the plaintiff's work background, including an analysis of their tax social security documents, union and job information. An forensic engineering or environmental science expert may be required to clarify the reason for the asbestos exposure. These experts can help defense attorneys argue that the asbestos exposure was not in the workplace, but was 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 assess the financial losses incurred by the victims. These experts can calculate the amount of money a person has lost due to their illness and its impact on his or her lifestyle. They can also testify to expenses such as medical bills and the cost of hiring someone else to complete household chores a person is unable to do. It is important that defendants challenge plaintiffs expert witnesses, especially in the event that they have testified on dozens or hundreds of other asbestos claims. Experts can lose credibility with the jury if their testimony is repeated. In asbestos cases, defendants can also seek summary judgment when they can prove that the evidence does not establish that the plaintiff was injured by exposure to the defendant's products. However the judge will not accept summary judgment simply because the defendant points to gaps in the plaintiff's proof. Going to Trial Due to the latency issues involved in asbestos cases, it can be difficult to make an accurate discovery. The time between exposure and disease can be measured in years. Therefore, determining the facts on which to build a case requires a review of a person's entire employment history. This includes a thorough analysis of the individual's social security, tax and union records, as well as financial documents, as well as interviews with family members and co-workers. Asbestos patients often develop less serious diseases like asbestosis prior to the diagnosis of mesothelioma. Because of this, a defendant's ability to show that the plaintiff's symptoms are due to another disease than mesothelioma may have a significant importance in settlement negotiations. In the past, certain attorneys have used this approach to avoid responsibility and receive large amounts of money. However, as the defense bar has evolved the strategy has been largely rejected by the courts. This is especially true in federal courts, where judges routinely reject such claims due to the absence of evidence. A thorough evaluation of each potential defendant is crucial to be able to defend effectively in asbestos litigation. This involves evaluating the severity and duration of the illness and the extent of the exposure. For instance a carpenter 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 defends asbestos-related litigation on behalf of manufacturers, suppliers and distributors contractors, employers and property owners. Our attorneys 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 litigation can be a bit complicated and expensive. We assist our clients to be aware of the risks associated with this type of litigation and we work with them to develop internal programs that are proactive and identify liability and safety concerns. Contact us today to find out more about how our firm can protect your business's interests.