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Asbestos Litigation Defense Cetrulo LLP has been widely acknowledged as a pioneer in asbestos litigation. The firm's lawyers are frequently invited to speak at national conferences. They are also knowledgeable on the many issues that arise in defending asbestos cases. Research has proven that asbestos exposure can cause lung damage and cause lung disease. This includes mesothelioma, as and lesser diseases such as asbestosis and pleural plaques. Sioux City asbestos lawyers of Limitations In most personal injury cases there is a statute that limits the time frame within which a victim may file an action. For asbestos-related 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 delayed nature mesothelioma as well as other asbestos-related illnesses the statute of limitations begins at the time of diagnosis or death in wrongful death claims rather than the date of exposure. This discovery rule is why the families of victims must work as quickly as they can with an experienced New York asbestos lawyer. There are a variety of aspects to consider when filing an asbestos lawsuit. The statute of limitations is among the most important. This is the time limit that the victim must make a claim by, and failing to file the lawsuit could result in the case being closed. The statute of limitation varies from state to state and laws vary greatly. However, the majority allow between one and six years after the time that the victim was diagnosed. During an asbestos case, the defendants will often attempt to invoke the statute of limitations as a defense against liability. They might argue, for example, that the plaintiffs should have known or had knowledge of their asbestos exposure and had a duty of notification to their employer. This is a common argument in mesothelioma lawsuits and it isn't easy for the victim to prove. A defendant in an asbestos case could also claim that they didn't have the resources or means to warn about the dangers of the product. This is a complex argument that is largely based on the evidence that is available. In California for instance it was argument that defendants did not have “state-ofthe-art” information and were not able to give adequate warnings. Generally, it is best to file the asbestos lawsuit in the state of the victim's home. In some cases, it may make sense to make a claim in a state other than the victim's. It usually has to do with the place of the employer or the location where the employee was exposed to asbestos. Bare Metal The bare metal defense is a typical strategy used by manufacturers of equipment in asbestos litigation. It states that since their products were manufactured as bare metal, they had no obligation to warn of the dangers of asbestos-containing materials that were added by other parties at a later date, such as thermal insulation and gaskets for flanges. This defense has been embraced in certain states, but it's not permitted under federal law in all states. The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has reshaped that. The Court did not accept manufacturers' preferred bright-line rule and instead formulated the standard that requires the manufacturer to notify customers if they know that their product is unsafe for its intended use and have no reason to think that the end users will realize this 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 tale. The DeVries decision does not apply to state-law claims that are based on strict liability or negligence and not brought under federal maritime law statutes such as the Jones Act. Plaintiffs will continue to seek a more expansive interpretation of the bare metal defense. For instance in the Asbestos MDL in Philadelphia, a case was remanded to an Illinois federal court to determine whether the state is able to recognize the defense. The plaintiff who died in this case was a carpenter who was exposed to switchgear, turbines, and other asbestos-containing equipment at a Texaco refining facility. In a similar case a judge in Tennessee has indicated that he is likely to adopt a third view of the bare-metal defense. The plaintiff in that case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma following working on equipment that was repaired or replaced by contractors from third parties, including the Equipment Defendants. The judge in the case ruled that bare-metal defenses can be applied to cases like this. The Supreme Court's decision in DeVries will affect the way judges will apply the bare-metal defense in other situations, such as those involving tort claims brought under state law. Defendants' Experts Asbestos lawsuits are complex and require experienced lawyers with a thorough knowledge of legal and medical issues, as well as access to top experts. EWH attorneys have decades of experience in asbestos litigation, including investigating claims, creating strategies for managing litigation and budgets, as well as identifying and hiring experts and defending plaintiffs as well as defendants in expert testimony at trials and depositions. Typically, asbestos cases will require the testimony from medical professionals like a radioologist or pathologist. They can testify that X-rays and CT scans reveal the typical scarring of lung tissue caused by asbestos exposure. A pulmonologist is also able to testify about symptoms such as difficulty breathing that are similar to those of mesothelioma or other asbestos-related diseases. Experts can also provide an extensive history of the work done by the plaintiff, which includes a review of employment, union tax, social security documents. A forensic engineering or environmental science expert may be required to clarify the reason for the asbestos exposure. These experts can help plaintiffs argue that the asbestos was not exposed at the workplace and was instead brought home on workers' clothing or in the air outside (a common defense in mesothelioma cases). Many plaintiffs' lawyers will bring in economic loss experts to establish the monetary loss suffered by the victims. These experts will be able to 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 about expenses like medical bills and the cost of hiring someone else to complete household chores that a person is no longer able to perform. It is essential that defendants challenge the plaintiffs experts, particularly when they have testified to hundreds or even hundreds of asbestos 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 prove that the plaintiff suffered injury due to exposure to the products of the defendant. A judge will not grant summary judgement just because a defendant has pointed out gaps in the plaintiff’s proof. Going to Trial The latency issues involved in asbestos cases mean that getting an accurate diagnosis can be nearly impossible. The time between exposure and the onset of disease can be measured by decades. To establish the facts on which to base an argument it is essential to examine an individual's employment background. This usually involves an exhaustive review of social security and tax records, union, and financial records as well as interviews with co-workers and family members. Asbestos sufferers are often diagnosed with less serious illnesses such as asbestosis prior to the diagnosis of mesothelioma. Because of this, a defendant's ability to show that the plaintiff's symptoms stem from another disease than mesothelioma can have significant significance in settlement negotiations. In the past, certain attorneys employed this strategy to deny responsibility and get large sums. As the defense bar grew, courts have generally resisted this strategy. This is particularly true in federal courts, where judges often dismiss claims based on the absence of evidence. This is why an accurate assessment of each potential defendant is essential to an effective asbestos litigation defense. This includes assessing the severity and duration of the disease and the extent of the exposure. For instance, a woodworker who is diagnosed with mesothelioma is more likely to suffer greater damage than someone who has asbestosis. The Bowles Rice Asbestos Litigation Team regularly defends product manufacturers, suppliers contractors, distributors as well as property owners and employers in asbestos related litigation. Our lawyers have been appointed as National Trial and National Coordination Counsel and are frequently appointed as liaison counsel by courts in order to manage asbestos dockets. Asbestos cases can be complex and costly. We assist our clients to understand the risks involved in this type of litigation and we work with them to create internal programs that are proactive and detect liability and safety issues. Contact us today to find out more about how our company can protect your company's interests.