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Asbestos Litigation Defense

Cetrulo LLP is widely recognized as a leading expert in asbestos litigation defense. The attorneys of the Firm regularly participate in national conferences and are proficient in the many issues that arise when the defense of asbestos cases that include jurisdictional Case Management Orders and expert selection.

Research has shown that exposure to asbestos can lead to lung disease and damage. This includes mesothelioma, and lesser diseases such as asbestosis and plaques in the pleural cavity.

Statute of Limitations

In most personal injury cases the statute of limitations sets a deadline for the time after an injury or accident, the victim can start a lawsuit. In asbestos cases, the statutes of limitations differ according to the state. They also differ from other personal injury lawsuits since asbestos-related illnesses may take years to be apparent.

Due to the delaying nature of mesothelioma as well as other asbestos-related illnesses the statute of limitations begins on the date of diagnosis, or death in wrongful death cases instead of the date of exposure. This discovery rule is why the victims and their families must consult a reputable New York mesothelioma lawyer as early as is possible.

When making an asbestos exposure litigation lawsuit, there are many factors that must be considered. The statute of limitations is one of the most important. The statute of limitations is the date at which the victim has to start a lawsuit. Failure to do so could result in the case being barred. The statute of limitation varies from state to state, and the laws differ widely. 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 as a defense against liability. For instance, they could claim that the plaintiffs knew or should have known about their exposure, and therefore had a duty to notify their employer. This is a common argument in mesothelioma litigation and it can be difficult for the plaintiff to prove.

Another defense that could be used in an asbestos case is that the defendants did not have the resources or the means to inform the public about the dangers associated with the product. This is a difficult case and depends largely on the evidence available. In California, for example, it was successfully argument that defendants did not have "state-ofthe-art" information and could not be expected to provide sufficient warnings.

Generally speaking, it is preferential to file the asbestos lawsuit within the state where the victim's home. However, there are certain circumstances where it may be beneficial to file the lawsuit in an alternative state. This usually has something to do with the location of the employer or the place where the employee was first exposed to asbestos litigation meaning.

Bare Metal

The defense of bare metal is a standard strategy used by equipment manufacturers in asbestos litigation. The bare-metal defense claims that, because their products left the plant as untreated steel, they didn't have a duty to inform about the dangers posed by asbestos containing materials added later by other parties, for instance thermal insulating seals and flanges. This defense is accepted in certain jurisdictions, but not all.

The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries changed the law. The Court has rejected the bright-line rule of manufacturers and instead created an obligation for a manufacturer to warn when they know that their integrated product is dangerous for its intended use and there is no reason to believe that users will be aware of this risk.

While this change in law may make it harder for plaintiffs to bring claims against equipment manufacturers, it is not the end of the tale. The DeVries decision is not applicable to state law claims that are based on strict liability or negligence, and therefore not brought under federal maritime law statutes like the Jones Act.

Plaintiffs will continue to pursue a broader interpretation of the bare-metal defense. In the Asbestos Multi District Litigation in Philadelphia, for example, a case was remanded back to an Illinois federal judge to determine whether that state recognizes this defense. The plaintiff who died in the case was a carpenter who was exposed to switchgear and turbines in an Texaco refinery which contained asbestos litigation meaning-containing components.

In the same case in Tennessee, the Tennessee judge has stated that he would adopt the third view 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 had been repaired or replaced by contractors of third party, including the Equipment Defendants. The judge in the case ruled that bare metal defenses apply to cases like this. The Supreme Court's decision in DeVries will affect the way judges use the bare metal defense in other contexts for example, those involving tort claims under state law.

Defendants' Experts

Asbestos litigation is complex and require skilled lawyers with a deep knowledge of both legal and medical issues, as well as access to top expert witnesses. EWH attorneys EWH have decades of experience assisting clients in a variety of asbestos litigation issues, including analyzing claims, developing strategic budgets and plans for managing litigation in hiring and retaining experts and defense of defendants and plaintiffs expert testimony in depositions and in court.

In most cases, asbestos cases require the testimony from medical professionals such as a radiologist or pathologist. They will testify that X-rays and CT scans reveal the typical lung tissue scarring due to asbestos exposure. A pulmonologist can also testify about symptoms such as difficulty breathing that are similar to those of mesothelioma, as well as other asbestos-related diseases. Experts can also provide a full details of the work performed by the plaintiff, such as a review of employment, union, tax, and social security records.

A forensic engineering or environmental scientist may be required to clarify the source of the asbestos exposure. These experts can help the defendants argue that the asbestos exposure was not in the workplace, but brought home by workers' clothing or nebenwelten.net air outside.

Many plaintiffs lawyers will bring experts in economic loss to establish the monetary loss suffered by the victims. They can estimate the amount of money that a victim has lost due to their illness and its impact on his or her lifestyle. They can also testify on expenses like medical bills and the cost of hiring someone to do household chores a person cannot perform.

It is crucial that defendants challenge the plaintiffs' expert witnesses, particularly if they have testified on hundreds or even hundreds of asbestos claims. Experts can lose credibility before jurors if their testimony is repeated.

In asbestos cases, defendants can also seek summary judgment if they can show that the evidence does not prove that the plaintiff was injured caused by their exposure to the defendant's product. A judge will not grant summary judgement just because a defendant points out weaknesses in the plaintiff's evidence.

Trial

Due to the latency issues in asbestos cases, it is difficult to make a significant discovery. The time between exposure and disease can be measured by decades. To determine the facts upon which to base an argument it is important to examine an individual's employment history. This requires a thorough examination of the individual's social security, tax, union and financial documents, as well as interviews with family members and colleagues.

Asbestos patients are more likely to develop less serious illnesses such as asbestosis prior to a mesothelioma diagnose. Because of this, a defendant's ability 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 deny responsibility and obtain large sums. As the defense bar grew, courts have largely rejected this approach. This is particularly true in federal courts, where judges routinely reject such claims due to lack of evidence.

A careful evaluation of every potential defendant is essential for a successful defense in asbestos litigation. This involves evaluating the severity and duration of the disease as well as the type of the exposure. For example, a woodworker who has mesothelioma is likely to suffer more damages than a person who only has asbestosis.

The Bowles Rice Asbestos Litigation Team defends asbestos law & litigation-related lawsuits for manufacturers, distributors and suppliers contractors, employers and property owners. Our attorneys have extensive experience in the role of National Trial and National Coordinating Counsel, and are regularly appointed by courts as liaison counsel to manage the prosecution of asbestos dockets.

asbestos litigation cases litigation can be complex and costly. We help our clients to understand the risks involved in this type of litigation, and we work with them to develop internal programs that can identify liability and safety concerns. Contact us today to find out how we can protect the interests of your company.