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Asbestos Litigation Defense Cetrulo LLP has been widely acknowledged as a pioneer in asbestos litigation. The attorneys of the Firm regularly speak at national conferences and are proficient in the many issues that arise in defending asbestos cases, including jurisdictional Case Management Orders and expert selection. Research has demonstrated that exposure to asbestos can cause lung damage and cause lung disease. This includes mesothelioma as well as lesser illnesses like asbestosis and pleural plaques. Statute of limitations In most personal injury claims statutes limit the time period after the date a victim is able to make a claim. In the case of asbestos the statute of limitations differs by state and is different than in other personal injury lawsuits because the symptoms of asbestos-related illnesses can take decades to show up. Due to the delay in the development of mesothelioma and other asbestos-related diseases the statute of limitations begins on the date of diagnosis, or death in the case of wrongful death rather than the date of exposure. This discovery rule is the reason the victims and their families must consult a reputable New York mesothelioma lawyer as soon as possible. When you file a asbestos lawsuit, there are a variety of things that need to be taken into account. The statute of limitations is among the most important. This is the deadline that the victim must make a claim by, and failure to file the lawsuit could result in the case being dismissed. The time limit for filing a lawsuit varies from state to state, and the laws differ greatly. However, the majority allow between one and six years after the date of diagnosis. In asbestos cases defendants frequently use the statute of limitation as a defense against liability. They may say for instance that plaintiffs should have been aware or knew about their asbestos exposure and had the obligation of notifying their employer. This is a common argument in mesothelioma lawsuits, and is difficult to prove for the victim. A defendant in an asbestos case could be able to claim that they didn't have the resources or means to warn people about the dangers of the product. This is a complicated case that relies heavily on the evidence available. In California for instance it was argument that defendants did not have “state-ofthe-art” information and therefore could not give adequate warnings. Generally, it is best to start the asbestos lawsuit in the state where the victim's home. However, there are some situations in which it might make sense to file the lawsuit in a different state. Fargo asbestos attorneys has to do with the location of the employer, or the place where the worker was exposed to asbestos. Bare Metal The defense of bare metal is a tactic used by equipment manufacturers in asbestos litigation. The bare metal defense argues that since their products left the factory as bare steel, they did not have a duty to warn about the dangers posed by asbestos-containing materials later added by other parties, for instance thermal insulating flange seals and flange seals. 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 changed that. The Court rejected the manufacturers' preferred bright line rule, and instead established the new standard under which a manufacturer has a duty to warn consumers if it is aware that its product is likely to be dangerous for its intended use and has no reason to believe that its end customers will be aware of the risk. Although this change in law could make it harder for plaintiffs to prevail in claims against manufacturers of equipment, it's not the end of the story. The DeVries decision is not applicable to state law claims which are 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 pursue a broader interpretation of the bare-metal defense. In the Asbestos Multi-District Litigation of Philadelphia, for example, a case was remanded back to an Illinois federal judge to determine if the state recognizes this defense. The plaintiff who died in this instance was a carpenter who had been exposed to turbines, switchgear and other asbestos-containing components at the Texaco refinery. In a similar instance, a judge in Tennessee has stated that he is likely to adopt a third view of the defense of bare metal. 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, including Equipment Defendants. The judge in that case ruled that the bare metal defense is applicable to cases like this. The Supreme Court's DeVries decision will affect the way judges apply the bare-metal defense in other contexts. Defendants' Experts Asbestos lawsuits are complicated and require experienced lawyers who have a thorough understanding of medical and legal issues as well as access to top expert witnesses. EWH attorneys have years of experience in asbestos litigation, such as investigating claims, developing strategies for managing litigation, including budgets, as well as identifying and hiring experts and defending plaintiffs as well as defendants with expert testimony in depositions and trials. Typically asbestos cases require the testimony of medical professionals such as pathologists and radiologists who can testify regarding X-rays or CT scans that show scarring of the lung tissue that is typical of asbestos exposure. A pulmonologist could also testify regarding symptoms, like breathing difficulties, which are similar to mesothelioma as well as other asbestos-related diseases. Experts can provide an in-depth report of the plaintiff's job background, which includes an analysis of their tax social security documents, union and job information. A forensic engineer or environmental science expert may be necessary to explain the source of the asbestos exposure. Experts from these fields can assist defense attorneys argue that the asbestos exposure was not in the workplace, but was brought home by workers' clothing or air outside. Many plaintiffs' attorneys will employ economic loss experts to assess the financial losses suffered by the victims. These experts will be able to determine how much money a victim has lost due to their illness and the impact it had on his or her life. They can also testify about expenses like medical bills and the cost of hiring someone to do household chores that an individual is no longer able to complete. It is important that defendants challenge plaintiffs expert witnesses, especially in the event that they have testified on hundreds or dozens of other asbestos claims. If they repeat their testimony, the experts may lose credibility with jurors. Plaintiffs in asbestos cases may also request summary judgment if they can prove that the evidence does not establish that the plaintiff suffered injuries due to their exposure to the defendant's product. A judge will not give summary judgment just because a defendant points out holes in the plaintiff's proof. Going to Trial The issues of latency in asbestos cases mean that getting an accurate diagnosis can be nearly impossible. The duration between exposure and illness can be measured in decades. To determine the facts upon which to base a case, it is necessary to examine an individual's employment background. This involves a thorough review of the individual's social security, tax, union and financial documents, in addition to interviews with family members and co-workers. Asbestos patients are more likely to develop less serious ailments like asbestosis prior to the diagnosis of mesothelioma. Because of this, the ability of a defendant to prove that a plaintiff's symptoms are due to a disease other than mesothelioma may have a significant importance in settlement negotiations. In the past, certain attorneys employed this strategy to avoid responsibility and receive large awards. As the defense bar evolved, courts have largely rejected this approach. This has been particularly true in the federal courts, where judges have frequently dismissed claims due to the absence of evidence. This is why a careful evaluation of every potential defendant is essential to an effective asbestos litigation defense. This includes assessing the duration and nature of the exposure, as and the degree of any diagnosed illness. For instance, a worker who has mesothelioma is likely to suffer greater damage than someone who has asbestosis. The Bowles Rice Asbestos Litigation Team defends asbestos-related litigation for product manufacturers, distributors and suppliers, contractors, employers, and property owners. Our lawyers have been appointed as National Trial and National Coordination Counsel and are regularly appointed as liaison counsel by courts to manage asbestos dockets. Asbestos litigation can be complex and costly. We assist our clients in understanding the risks associated with this type of litigation. We work with them to formulate internal programs to identify potential safety and liability issues. Contact us to learn how we can help protect your business's interests.