Its History Of Asbestos Litigation Defense
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Asbestos Litigation Defense
Cetrulo LLP is widely recognized as an industry leader in asbestos litigation defense. The attorneys of the Firm are regularly invited to speak at national conferences. They are also well-versed in the myriad of issues that arise when trying to defend asbestos cases.
Research has shown that exposure to asbestos can cause lung disease and damage. This includes mesothelioma, as other lesser illnesses like asbestosis and plaques in the pleural cavity.
Statute of Limitations
In most personal injury claims statutes limit the time period after which a victim may make a claim. In asbestos cases, the statutes of limitations differ by state. They are also different from other personal injury lawsuits since asbestos-related illnesses may take a long time to develop.
Due to the delaying nature of mesothelioma as well as other asbestos-related diseases, the statute of limitations clock begins at the date of diagnosis (or death, in the case of wrongful deaths) instead of the time of exposure. This discovery rule is the reason victims and their family members should consult a reputable New York mesothelioma lawyer as early as is possible.
When you file a asbestos lawsuit, there are a variety of things that need to be considered. The statute of limitations is one of the most crucial. This is the date that the victim must file the lawsuit by, and failing to file a lawsuit by the deadline will cause the case to be barred. The time limit for filing a lawsuit differs from state to state, and the laws vary greatly. However, the majority allow between one and six years after the victim was diagnosed.
During an asbestos case in which the defendants are involved, they will typically try to use the statute of limitations to defend against liability. For instance, they could argue that the plaintiffs knew or should have known about their exposure and therefore were required to inform their employer. This is a common argument used in mesothelioma lawsuits and can be difficult to prove for the victim.
Another potential defense in a asbestos case is that the defendants did not have the resources or means to inform the public about the dangers of the product. This is a complicated argument and largely depends on the evidence available. In California for instance it was argued that the defendants lacked "state-ofthe-art" information and were not able to to provide sufficient warnings.
Generally, it is best to file the asbestos lawsuit in the state where the victim's home. However, there are circumstances where it may make sense to file the lawsuit in a different state. This usually has something to be related to where the employer is located or where the person 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 argues that because their products left the factory in bare steel, they didn't have a duty to inform about the dangers of asbestos-containing products later added by other parties, for instance thermal insulating flange seals and flange seals. This defense has been accepted in some jurisdictions, but it is not permitted under federal law in all states.
The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries changed the rules. The Court did not accept the bright-line rule that manufacturers prefer and instead formulated an obligation for manufacturers to inform consumers when they know that their product is dangerous for its intended purpose. They have no reason to believe that users will realize this danger.
This modification in law will make it more difficult for plaintiffs to file claims against manufacturers of equipment. However, this is not the end of the story. For one it is that the DeVries decision is not applicable to state-law claims based on negligence or strict liability, and are not covered under federal maritime law statutes, such as the Jones Act or the Maritime Claims Act.
Plaintiffs will continue to seek a more expansive reading of the bare metal defense. In the Asbestos Multi-District Litigation of Philadelphia, for example the case was remanded back to an Illinois federal judge to determine whether that state recognizes this defense. The deceased plaintiff in this claim was a carpenter who was exposed to turbines, switchgear and other asbestos-containing components at an Texaco refining facility.
In a similar case a judge in Tennessee has indicated that he'll take a different approach to the bare-metal defense. The plaintiff in the case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma after working on equipment that was repaired or replaced by third-party contractors, including the Equipment Defendants. The judge in the case held that bare metal defenses are applicable to cases similar to this. The Supreme Court's decision in DeVries will influence the way judges apply the bare metal defense in other cases, such as those involving tort claims brought under state law.
Defendants' Experts
Asbestos lawsuits are complex and require skilled lawyers who have a thorough understanding of medical and legal issues and access to expert witnesses of the highest caliber. EWH attorneys have decades of experience in asbestos litigation, including investigating claims, developing strategies for managing litigation and budgets, identifying and hiring experts and defending plaintiffs as well as defendants expert testimony at depositions and trials.
Typically, asbestos cases require the testimony of medical professionals such as a radiologist and pathologist who can testify regarding X-rays or CT scans that show scarring of lung tissue that is typical of asbestos exposure. A pulmonologist can also testify on symptoms, like difficulty in breathing, that are similar to mesothelioma as well as other asbestos lawyer-related diseases. Experts can provide a thorough description of the plaintiff's employment background, which includes an analysis of their tax social security, union and job records.
It may be necessary to consult an engineer from the forensic field or an environmental scientist in order to determine the source of asbestos lawyers exposure. These experts can help defense attorneys argue that the alleged asbestos was not exposed at the workplace and instead was brought home on the clothing of workers or from the air outside (a common defense in mesothelioma cases).
Many attorneys representing plaintiffs employ experts in economic loss to determine the monetary loss suffered by victims. These experts will be able to determine how much money a victim has lost due to their disease and the impact it affected their life. They can also testify about expenses like medical bills and the cost of hiring someone to perform household chores that a person is unable to perform.
It is crucial that defendants challenge the plaintiffs expert witnesses, especially when they have testified to dozens or hundreds of other asbestos lawyer claims. Experts can lose credibility with jurors if their testimony is repeated.
Plaintiffs in asbestos cases may also apply for summary judgment when they show that the evidence does not establish that the plaintiff was injured caused by their exposure to the defendant's product. However a judge won't grant summary judgment just because the defendant has pointed out gaps in the plaintiff's proof.
Trial
The latency issues involved in asbestos cases mean that obtaining an accurate diagnosis can be nearly impossible. The lag between exposure and the development of the disease can be measured in decades. Therefore, determining the facts on which to make a case requires a review of a person's entire employment history. This typically involves a thorough analysis 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 a mesothelioma diagnose. Because of this, the ability of a defendant to demonstrate that plaintiff's symptoms stem from another disease than mesothelioma can have significant importance in settlement negotiations.
In the past, certain lawyers have employed this method to avoid responsibility and receive large sums. As the defense bar has evolved, courts have largely rejected this approach. This has been particularly evident in federal courts where judges have often dismissed claims based on lack of evidence.
An in-depth analysis of each potential defendant is therefore essential to ensure a successful defense in asbestos litigation. This includes evaluating both the severity and length of the illness and the extent of the exposure. For instance, a woodworker who is diagnosed with mesothelioma is more likely to suffer greater damages than a person who only has asbestosis.
The Bowles Rice asbestos attorneys Litigation Team regularly defends suppliers, manufacturers contractors, distributors and property owners as well as employers in asbestos-related litigation. Our attorneys have extensive experience as National Trial and National Coordinating Counsel, and are frequently appointed by courts as liaison counsel to handle the prosecution of asbestos dockets.
Asbestos litigation can be complex and expensive. We assist our clients to be aware of the risks associated with this type of litigation and we assist them to create internal programs that can detect liability and safety issues. Contact us today to find out how we can protect your business's interests.
Cetrulo LLP is widely recognized as an industry leader in asbestos litigation defense. The attorneys of the Firm are regularly invited to speak at national conferences. They are also well-versed in the myriad of issues that arise when trying to defend asbestos cases.
Research has shown that exposure to asbestos can cause lung disease and damage. This includes mesothelioma, as other lesser illnesses like asbestosis and plaques in the pleural cavity.
Statute of Limitations
In most personal injury claims statutes limit the time period after which a victim may make a claim. In asbestos cases, the statutes of limitations differ by state. They are also different from other personal injury lawsuits since asbestos-related illnesses may take a long time to develop.
Due to the delaying nature of mesothelioma as well as other asbestos-related diseases, the statute of limitations clock begins at the date of diagnosis (or death, in the case of wrongful deaths) instead of the time of exposure. This discovery rule is the reason victims and their family members should consult a reputable New York mesothelioma lawyer as early as is possible.
When you file a asbestos lawsuit, there are a variety of things that need to be considered. The statute of limitations is one of the most crucial. This is the date that the victim must file the lawsuit by, and failing to file a lawsuit by the deadline will cause the case to be barred. The time limit for filing a lawsuit differs from state to state, and the laws vary greatly. However, the majority allow between one and six years after the victim was diagnosed.
During an asbestos case in which the defendants are involved, they will typically try to use the statute of limitations to defend against liability. For instance, they could argue that the plaintiffs knew or should have known about their exposure and therefore were required to inform their employer. This is a common argument used in mesothelioma lawsuits and can be difficult to prove for the victim.
Another potential defense in a asbestos case is that the defendants did not have the resources or means to inform the public about the dangers of the product. This is a complicated argument and largely depends on the evidence available. In California for instance it was argued that the defendants lacked "state-ofthe-art" information and were not able to to provide sufficient warnings.
Generally, it is best to file the asbestos lawsuit in the state where the victim's home. However, there are circumstances where it may make sense to file the lawsuit in a different state. This usually has something to be related to where the employer is located or where the person 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 argues that because their products left the factory in bare steel, they didn't have a duty to inform about the dangers of asbestos-containing products later added by other parties, for instance thermal insulating flange seals and flange seals. This defense has been accepted in some jurisdictions, but it is not permitted under federal law in all states.
The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries changed the rules. The Court did not accept the bright-line rule that manufacturers prefer and instead formulated an obligation for manufacturers to inform consumers when they know that their product is dangerous for its intended purpose. They have no reason to believe that users will realize this danger.
This modification in law will make it more difficult for plaintiffs to file claims against manufacturers of equipment. However, this is not the end of the story. For one it is that the DeVries decision is not applicable to state-law claims based on negligence or strict liability, and are not covered under federal maritime law statutes, such as the Jones Act or the Maritime Claims Act.
Plaintiffs will continue to seek a more expansive reading of the bare metal defense. In the Asbestos Multi-District Litigation of Philadelphia, for example the case was remanded back to an Illinois federal judge to determine whether that state recognizes this defense. The deceased plaintiff in this claim was a carpenter who was exposed to turbines, switchgear and other asbestos-containing components at an Texaco refining facility.
In a similar case a judge in Tennessee has indicated that he'll take a different approach to the bare-metal defense. The plaintiff in the case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma after working on equipment that was repaired or replaced by third-party contractors, including the Equipment Defendants. The judge in the case held that bare metal defenses are applicable to cases similar to this. The Supreme Court's decision in DeVries will influence the way judges apply the bare metal defense in other cases, such as those involving tort claims brought under state law.
Defendants' Experts
Asbestos lawsuits are complex and require skilled lawyers who have a thorough understanding of medical and legal issues and access to expert witnesses of the highest caliber. EWH attorneys have decades of experience in asbestos litigation, including investigating claims, developing strategies for managing litigation and budgets, identifying and hiring experts and defending plaintiffs as well as defendants expert testimony at depositions and trials.
Typically, asbestos cases require the testimony of medical professionals such as a radiologist and pathologist who can testify regarding X-rays or CT scans that show scarring of lung tissue that is typical of asbestos exposure. A pulmonologist can also testify on symptoms, like difficulty in breathing, that are similar to mesothelioma as well as other asbestos lawyer-related diseases. Experts can provide a thorough description of the plaintiff's employment background, which includes an analysis of their tax social security, union and job records.
It may be necessary to consult an engineer from the forensic field or an environmental scientist in order to determine the source of asbestos lawyers exposure. These experts can help defense attorneys argue that the alleged asbestos was not exposed at the workplace and instead was brought home on the clothing of workers or from the air outside (a common defense in mesothelioma cases).
Many attorneys representing plaintiffs employ experts in economic loss to determine the monetary loss suffered by victims. These experts will be able to determine how much money a victim has lost due to their disease and the impact it affected their life. They can also testify about expenses like medical bills and the cost of hiring someone to perform household chores that a person is unable to perform.
It is crucial that defendants challenge the plaintiffs expert witnesses, especially when they have testified to dozens or hundreds of other asbestos lawyer claims. Experts can lose credibility with jurors if their testimony is repeated.
Plaintiffs in asbestos cases may also apply for summary judgment when they show that the evidence does not establish that the plaintiff was injured caused by their exposure to the defendant's product. However a judge won't grant summary judgment just because the defendant has pointed out gaps in the plaintiff's proof.
Trial
The latency issues involved in asbestos cases mean that obtaining an accurate diagnosis can be nearly impossible. The lag between exposure and the development of the disease can be measured in decades. Therefore, determining the facts on which to make a case requires a review of a person's entire employment history. This typically involves a thorough analysis 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 a mesothelioma diagnose. Because of this, the ability of a defendant to demonstrate that plaintiff's symptoms stem from another disease than mesothelioma can have significant importance in settlement negotiations.
In the past, certain lawyers have employed this method to avoid responsibility and receive large sums. As the defense bar has evolved, courts have largely rejected this approach. This has been particularly evident in federal courts where judges have often dismissed claims based on lack of evidence.
An in-depth analysis of each potential defendant is therefore essential to ensure a successful defense in asbestos litigation. This includes evaluating both the severity and length of the illness and the extent of the exposure. For instance, a woodworker who is diagnosed with mesothelioma is more likely to suffer greater damages than a person who only has asbestosis.
The Bowles Rice asbestos attorneys Litigation Team regularly defends suppliers, manufacturers contractors, distributors and property owners as well as employers in asbestos-related litigation. Our attorneys have extensive experience as National Trial and National Coordinating Counsel, and are frequently appointed by courts as liaison counsel to handle the prosecution of asbestos dockets.
Asbestos litigation can be complex and expensive. We assist our clients to be aware of the risks associated with this type of litigation and we assist them to create internal programs that can detect liability and safety issues. Contact us today to find out how we can protect your business's interests.
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