Why Asbestos Litigation Defense Isn't A Topic That People Are Interest…
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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 the defense of asbestos cases, including jurisdictional Case Management Orders and expert selection.
Research has proved that asbestos exposure can cause lung damage and diseases. This includes mesothelioma, and lesser diseases such as asbestosis and pleural plaques.
Statute of limitations
In most personal injury cases, a statute of limitation sets a deadline for how long after an accident or injury the victim is able to file an action. For asbestos-related cases, the statute of limitations differs according to the state. They also differ from other personal injury claims because asbestos-related diseases can take a long time to manifest.
Due to the delaying nature of mesothelioma, and other asbestos-related illnesses and other asbestos-related illnesses, the statute of limitations begins on the date of diagnosis, or death in the case of wrongful death, rather than the date exposure. This discovery rule is the reason why the families of victims must work as quickly as they can with a reputable New York asbestos lawyer.
When making an asbestos lawsuit, there are a variety of aspects that must be considered. The statute of limitations is among the most important. This is the deadline which the victim must submit the lawsuit by, and failing to do so will cause the case to be barred. The statute of limitations differs from state to state, and the laws vary greatly. However, most allow between one and six years after the time that the victim was diagnosed.
In an asbestos case defendants typically make use of the statute of limitations as a defense to liability. For example, they may claim that the plaintiffs knew or should have known about their exposure and thus were required to inform their employer. This is a common argument in mesothelioma litigation, and it can be difficult for the plaintiff to prove.
Another possible defense in an asbestos lawsuits case is that the defendants did not have the resources or means to warn people of the dangers associated with the product. This is a complex argument that is largely based on the evidence available. In California for instance it was claimed that defendants were not equipped with "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 residence. However, there are certain circumstances where it may be beneficial to file the lawsuit in an alternative state. This is usually connected with the place of the employer, or where the person was exposed to asbestos.
Bare Metal
The bare-metal defense is a strategy that equipment manufacturers employ in asbestos litigation. It states that since their products left the factory as raw metal, they were under no obligation to warn of the dangers of asbestos-containing products that were added by other parties at a later time, such as thermal insulation and flange gaskets. This defense is a common one in certain jurisdictions, but not all.
The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has changed the law. The Court has ruled against the manufacturers' preferred bright line rule and instead established an entirely new standard that states that manufacturers have a responsibility to inform consumers if they know that its product is likely to be hazardous for its intended purposes and has no reason to believe that its end users will realize that risk.
Although this change in law could make it more difficult for plaintiffs to bring claims against equipment manufacturers, it is not the end of the tale. First, 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, like the Jones Act or the Maritime Claims Act.
Plaintiffs will continue to seek a more expansive understanding of the bare-metal defense. For instance in the asbestos MDL case in Philadelphia the case has been remanded back to an Illinois federal court to determine whether the state is able to recognize the defense. The deceased plaintiff in this claim was a carpenter who was exposed to switchgear, turbines, and other asbestos-containing components at a Texaco refinery.
In a similar instance, a judge in Tennessee has signaled that he will 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 contractors of third party, including the Equipment Defendants. The judge in that case held that the bare metal defense is applicable to cases similar to this. The Supreme Court's decision in DeVries will affect the way judges apply the bare metal defense in other cases like those that involve tort claims brought under state law.
Defendants' Experts
asbestos attorney litigation is complex and requires lawyers with extensive knowledge of law and medicine, as well as accessing experts 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 bringing in experts, and defending plaintiffs and defendants expert testimony at trials and depositions.
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 be a witness to symptoms like breathing difficulties that are similar to those of mesothelioma, as well as other asbestos-related diseases. Experts can also provide an extensive history of the work done by the plaintiff, such as a review of job, union tax, social security documents.
It may be necessary to consult an engineer who is forensic or an environmental scientist in order to determine the cause of exposure to asbestos. These experts can help defense attorneys argue that the alleged asbestos was not exposed in the workplace and was instead brought home on the clothing of workers or from the air outside (a common defense in mesothelioma cases).
Many of the plaintiffs' lawyers will bring experts in economic loss to establish the monetary loss suffered by the victims. These experts can calculate the amount of money a person has lost due to their disease and the impact it has had on their life. They can also testify about expenses like medical bills and the price of hiring a person to take care of household chores that one cannot perform anymore.
It is important that plaintiffs challenge defendants' expert witnesses, particularly when they have testified to hundreds or dozens of other asbestos claims. Experts may lose credibility before jurors when their testimony is repeated.
In asbestos cases, defendants can also apply for summary judgment when they show that the evidence doesn't show that the plaintiff suffered injuries caused by their exposure to the defendant's product. A judge is not likely to grant summary judgement just because a defendant identifies gaps in the plaintiff’s proof.
Trial
Due to the latency issues involved in asbestos cases, it can be difficult to make an accurate discovery. The lag between exposure and the onset of disease can be measured in years. To establish the facts on which to build a claim it is important to examine an individual's employment background. This includes a thorough analysis of the individual's tax, social security and union records, as well as financial documents, as well as interviews with family members and co-workers.
Asbestos sufferers are often diagnosed with less serious ailments like asbestosis prior to diagnosis of mesothelioma. Due to this the capacity of a defendant to demonstrate that the plaintiff's symptoms could be caused by a different disease other than mesothelioma can be beneficial in settlement negotiations.
In the past, certain lawyers have employed this method to deny responsibility and obtain large sums. As the defense bar grew, courts have largely rejected this method. This is especially true in federal courts, where judges often reject such claims due to lack of evidence.
This is why an accurate assessment of each potential defendant is essential for a successful asbestos defense. This includes assessing the length and nature of the exposure as and the severity of any disease that is diagnosed. For example, a carpenter who has mesothelioma will likely be awarded higher damages than a person who has only had asbestosis.
The Bowles Rice Asbestos Litigation Team defends asbestos-related lawsuits for manufacturers, suppliers and distributors, contractors, employers, and property owners. Our attorneys have been National Trial and National Coordination Counsel and are frequently appointed as liaison counsel by courts to handle asbestos dockets.
Asbestos cases can be complex and expensive. We help our clients to understand the risks involved in this type of litigation and we collaborate with them to create internal programs that are proactive and identify liability and safety concerns. Contact us today to find out more about how our firm can safeguard your company's interests.
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 the defense of asbestos cases, including jurisdictional Case Management Orders and expert selection.
Research has proved that asbestos exposure can cause lung damage and diseases. This includes mesothelioma, and lesser diseases such as asbestosis and pleural plaques.
Statute of limitations
In most personal injury cases, a statute of limitation sets a deadline for how long after an accident or injury the victim is able to file an action. For asbestos-related cases, the statute of limitations differs according to the state. They also differ from other personal injury claims because asbestos-related diseases can take a long time to manifest.
Due to the delaying nature of mesothelioma, and other asbestos-related illnesses and other asbestos-related illnesses, the statute of limitations begins on the date of diagnosis, or death in the case of wrongful death, rather than the date exposure. This discovery rule is the reason why the families of victims must work as quickly as they can with a reputable New York asbestos lawyer.
When making an asbestos lawsuit, there are a variety of aspects that must be considered. The statute of limitations is among the most important. This is the deadline which the victim must submit the lawsuit by, and failing to do so will cause the case to be barred. The statute of limitations differs from state to state, and the laws vary greatly. However, most allow between one and six years after the time that the victim was diagnosed.
In an asbestos case defendants typically make use of the statute of limitations as a defense to liability. For example, they may claim that the plaintiffs knew or should have known about their exposure and thus were required to inform their employer. This is a common argument in mesothelioma litigation, and it can be difficult for the plaintiff to prove.
Another possible defense in an asbestos lawsuits case is that the defendants did not have the resources or means to warn people of the dangers associated with the product. This is a complex argument that is largely based on the evidence available. In California for instance it was claimed that defendants were not equipped with "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 residence. However, there are certain circumstances where it may be beneficial to file the lawsuit in an alternative state. This is usually connected with the place of the employer, or where the person was exposed to asbestos.
Bare Metal
The bare-metal defense is a strategy that equipment manufacturers employ in asbestos litigation. It states that since their products left the factory as raw metal, they were under no obligation to warn of the dangers of asbestos-containing products that were added by other parties at a later time, such as thermal insulation and flange gaskets. This defense is a common one in certain jurisdictions, but not all.
The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has changed the law. The Court has ruled against the manufacturers' preferred bright line rule and instead established an entirely new standard that states that manufacturers have a responsibility to inform consumers if they know that its product is likely to be hazardous for its intended purposes and has no reason to believe that its end users will realize that risk.
Although this change in law could make it more difficult for plaintiffs to bring claims against equipment manufacturers, it is not the end of the tale. First, 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, like the Jones Act or the Maritime Claims Act.
Plaintiffs will continue to seek a more expansive understanding of the bare-metal defense. For instance in the asbestos MDL case in Philadelphia the case has been remanded back to an Illinois federal court to determine whether the state is able to recognize the defense. The deceased plaintiff in this claim was a carpenter who was exposed to switchgear, turbines, and other asbestos-containing components at a Texaco refinery.
In a similar instance, a judge in Tennessee has signaled that he will 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 contractors of third party, including the Equipment Defendants. The judge in that case held that the bare metal defense is applicable to cases similar to this. The Supreme Court's decision in DeVries will affect the way judges apply the bare metal defense in other cases like those that involve tort claims brought under state law.
Defendants' Experts
asbestos attorney litigation is complex and requires lawyers with extensive knowledge of law and medicine, as well as accessing experts 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 bringing in experts, and defending plaintiffs and defendants expert testimony at trials and depositions.
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 be a witness to symptoms like breathing difficulties that are similar to those of mesothelioma, as well as other asbestos-related diseases. Experts can also provide an extensive history of the work done by the plaintiff, such as a review of job, union tax, social security documents.
It may be necessary to consult an engineer who is forensic or an environmental scientist in order to determine the cause of exposure to asbestos. These experts can help defense attorneys argue that the alleged asbestos was not exposed in the workplace and was instead brought home on the clothing of workers or from the air outside (a common defense in mesothelioma cases).
Many of the plaintiffs' lawyers will bring experts in economic loss to establish the monetary loss suffered by the victims. These experts can calculate the amount of money a person has lost due to their disease and the impact it has had on their life. They can also testify about expenses like medical bills and the price of hiring a person to take care of household chores that one cannot perform anymore.
It is important that plaintiffs challenge defendants' expert witnesses, particularly when they have testified to hundreds or dozens of other asbestos claims. Experts may lose credibility before jurors when their testimony is repeated.
In asbestos cases, defendants can also apply for summary judgment when they show that the evidence doesn't show that the plaintiff suffered injuries caused by their exposure to the defendant's product. A judge is not likely to grant summary judgement just because a defendant identifies gaps in the plaintiff’s proof.
Trial
Due to the latency issues involved in asbestos cases, it can be difficult to make an accurate discovery. The lag between exposure and the onset of disease can be measured in years. To establish the facts on which to build a claim it is important to examine an individual's employment background. This includes a thorough analysis of the individual's tax, social security and union records, as well as financial documents, as well as interviews with family members and co-workers.
Asbestos sufferers are often diagnosed with less serious ailments like asbestosis prior to diagnosis of mesothelioma. Due to this the capacity of a defendant to demonstrate that the plaintiff's symptoms could be caused by a different disease other than mesothelioma can be beneficial in settlement negotiations.
In the past, certain lawyers have employed this method to deny responsibility and obtain large sums. As the defense bar grew, courts have largely rejected this method. This is especially true in federal courts, where judges often reject such claims due to lack of evidence.
This is why an accurate assessment of each potential defendant is essential for a successful asbestos defense. This includes assessing the length and nature of the exposure as and the severity of any disease that is diagnosed. For example, a carpenter who has mesothelioma will likely be awarded higher damages than a person who has only had asbestosis.
The Bowles Rice Asbestos Litigation Team defends asbestos-related lawsuits for manufacturers, suppliers and distributors, contractors, employers, and property owners. Our attorneys have been National Trial and National Coordination Counsel and are frequently appointed as liaison counsel by courts to handle asbestos dockets.
Asbestos cases can be complex and expensive. We help our clients to understand the risks involved in this type of litigation and we collaborate with them to create internal programs that are proactive and identify liability and safety concerns. Contact us today to find out more about how our firm can safeguard your company's interests.
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