The Most Innovative Things That Are Happening With Asbestos Litigation…
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Asbestos Litigation Defense
Cetrulo LLP is widely recognized as a leading expert in asbestos litigation defense. The firm's lawyers are frequently invited to speak at national conferences. They are also knowledgeable in the myriad of issues that arise in litigating asbestos cases.
Research has demonstrated that exposure to asbestos can cause lung damage and cause lung disease. This includes mesothelioma as well as less serious diseases like asbestosis and pleural plaques.
Statute of Limitations
In most personal injury cases the statute of limitations establishes a time limit for the length of time that follows an accident or injury, the victim is allowed to start an action. For asbestos, the statute of limitations is different by state and is different than other personal injury cases because the signs of asbestos-related illnesses can take decades to manifest.
Due to the delayed nature of mesothelioma and asbestos-related diseases the statute of limitation clock begins at the date of diagnosis (or death, in wrongful death cases) rather than at the date of exposure. This discovery rule is that victims and their families must work as quickly as they can with an experienced New York asbestos lawyers lawyer.
When making an asbestos lawsuit, there are many things that need to be considered. The statute of limitations is one of the most important. The statute of limitations is the date by which the victim must file a lawsuit. In the event of a delay, it could result in the lawsuit being barred. The time limit for filing a lawsuit differs from state to state and the laws vary greatly. However, most allow between one and six year after the victim was diagnosed.
In an asbestos-related case, the defendants will often attempt to use the statute of limitations to defend against liability. They may say that, for instance, plaintiffs should have been aware or knew about their exposure to asbestos lawsuit and that they had the obligation of notifying their employer. This is a common argument in mesothelioma lawsuits. It it can be difficult to prove for the victim.
A defendant in a case involving asbestos could also claim that they didn't have the resources or the means to inform people about the dangers of the product. This is a complicated argument and largely depends on the evidence that is available. In California for instance, it was successfully argument that defendants did not have "state-ofthe-art" information and therefore could not give adequate warnings.
Generally speaking, it is preferential to file the asbestos lawsuit in the state where the victim's home. However, there are circumstances where it may be beneficial to file the lawsuit in another state. It usually has to do with be related to the location of the employer or where the worker was first exposed to asbestos.
Bare Metal
The bare metal defense is a typical strategy used by manufacturers of equipment in asbestos litigation. The bare-metal defense claims that because their products left the factory as untreated steel, they did not have a duty to warn about the dangers posed by asbestos-containing products later added by other parties, like thermal insulating flange seals and flange seals. This defense is a common one in some jurisdictions, but not everywhere.
The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries changed that. The Court did not accept the bright-line rule of manufacturers and instead created an obligation for the manufacturer to notify customers when they know that their integrated product is unsafe for its intended purpose and have no reason to think that the end users will be aware of this danger.
Although this change in law may make it harder for plaintiffs to bring claims against manufacturers of equipment, it's not the end of the story. The DeVries decision does not apply to state-law claims based on strict liability or negligence, and therefore not brought under federal maritime law statutes such as the Jones Act.
Plaintiffs will continue to pursue a broader interpretation of the bare-metal defense. For example, in the Asbestos MDL case 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 the case was a carpenter, and was exposed to turbines and switchgear at the Texaco refinery which contained asbestos-containing components.
In a similar case a judge in Tennessee has indicated that he'll take a different approach to the bare-metal defense. In the case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed with mesothelioma. He worked on equipment that was repaired or replaced by third party contractors, which included Equipment Defendants. The judge in that case held that the bare metal defense is applicable to cases like this. The Supreme Court's DeVries decision will affect the way judges use the bare-metal defense in other situations.
Defendants' Experts
Asbestos litigation can be complex and requires attorneys with extensive knowledge of law and medicine as well as access to experts of the highest caliber. EWH attorneys have years of experience in asbestos litigation, such as investigating claims, creating strategies for managing litigation and budgets, identifying and bringing in experts and defending plaintiffs as well as defendants with expert testimony in depositions and trials.
Most 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 scarring of lung tissue caused by asbestos exposure. A pulmonologist is also able to testify about symptoms such as breathing difficulties, which are similar to symptoms of mesothelioma and other asbestos-related illnesses. Experts can provide a detailed description of the plaintiff's employment background, including an analysis of their tax social security documents, union and job information.
It may be necessary to consult a forensic engineer or an environmental scientist to determine the source of exposure to asbestos. These experts can help the defendants argue that the asbestos exposure did not occur at the workplace, but was brought into the home through the clothing of workers or the outside air.
Many plaintiffs' attorneys will employ economic loss experts to assess the financial loss suffered by victims. These experts can calculate the amount of money a person has lost due to their disease and the impact it affected their life. They can also testify to expenses like medical bills and the cost of hiring someone to perform household chores a person is no longer able to do.
It is crucial for defendants to challenge the plaintiff's expert witnesses, especially in cases where they've been called to testify in dozens or hundreds of other asbestos-related claims. Experts may lose credibility with jurors when their testimony is repeated.
In asbestos lawyers cases, defendants can also seek summary judgement in cases where they can demonstrate that the evidence doesn't establish that the plaintiff was injured due to exposure to the products of the defendant. A judge won't grant summary judgement just because a defendant identifies gaps in the plaintiff’s proof.
Trial
The issues of latency in asbestos cases means that meaningful discovery can be nearly impossible. The lag between exposure and the development of the disease can be measured in years. Thus, establishing the facts that will make a case requires a thorough review of a person's entire employment history. 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 colleagues.
Asbestos-related victims are often diagnosed with less serious diseases such as asbestosis before being diagnosed with mesothelioma. Because of this, a defendant's ability to demonstrate that plaintiff's symptoms stem from another disease than mesothelioma could be of significant significance in settlement negotiations.
In the past, some attorneys have used this strategy to deny liability and obtain large sums. As the defense bar has evolved and the courts have generally rejected this approach. This is particularly relevant in federal courts where judges have routinely dismissed such claims based on lack of evidence.
As a result, a careful evaluation of every potential defendant is essential to an effective asbestos defense. This involves evaluating the severity and length of the disease as well as the nature of the exposure. For example, a woodworker who is diagnosed with mesothelioma is more likely to suffer more damage than someone who has asbestosis.
The Bowles Rice Asbestos Litigation Team defends asbestos-related lawsuits for manufacturers, suppliers and distributors contractors, employers and property owners. Our lawyers 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 attorney dockets.
Asbestos cases can be complicated and costly. We assist our clients to recognize the risks involved in this type of litigation and we assist them to create internal programs that will proactively identify safety and liability concerns. Contact us today to learn more about how our firm can protect your company's interests.
Cetrulo LLP is widely recognized as a leading expert in asbestos litigation defense. The firm's lawyers are frequently invited to speak at national conferences. They are also knowledgeable in the myriad of issues that arise in litigating asbestos cases.
Research has demonstrated that exposure to asbestos can cause lung damage and cause lung disease. This includes mesothelioma as well as less serious diseases like asbestosis and pleural plaques.
Statute of Limitations
In most personal injury cases the statute of limitations establishes a time limit for the length of time that follows an accident or injury, the victim is allowed to start an action. For asbestos, the statute of limitations is different by state and is different than other personal injury cases because the signs of asbestos-related illnesses can take decades to manifest.
Due to the delayed nature of mesothelioma and asbestos-related diseases the statute of limitation clock begins at the date of diagnosis (or death, in wrongful death cases) rather than at the date of exposure. This discovery rule is that victims and their families must work as quickly as they can with an experienced New York asbestos lawyers lawyer.
When making an asbestos lawsuit, there are many things that need to be considered. The statute of limitations is one of the most important. The statute of limitations is the date by which the victim must file a lawsuit. In the event of a delay, it could result in the lawsuit being barred. The time limit for filing a lawsuit differs from state to state and the laws vary greatly. However, most allow between one and six year after the victim was diagnosed.
In an asbestos-related case, the defendants will often attempt to use the statute of limitations to defend against liability. They may say that, for instance, plaintiffs should have been aware or knew about their exposure to asbestos lawsuit and that they had the obligation of notifying their employer. This is a common argument in mesothelioma lawsuits. It it can be difficult to prove for the victim.
A defendant in a case involving asbestos could also claim that they didn't have the resources or the means to inform people about the dangers of the product. This is a complicated argument and largely depends on the evidence that is available. In California for instance, it was successfully argument that defendants did not have "state-ofthe-art" information and therefore could not give adequate warnings.
Generally speaking, it is preferential to file the asbestos lawsuit in the state where the victim's home. However, there are circumstances where it may be beneficial to file the lawsuit in another state. It usually has to do with be related to the location of the employer or where the worker was first exposed to asbestos.
Bare Metal
The bare metal defense is a typical strategy used by manufacturers of equipment in asbestos litigation. The bare-metal defense claims that because their products left the factory as untreated steel, they did not have a duty to warn about the dangers posed by asbestos-containing products later added by other parties, like thermal insulating flange seals and flange seals. This defense is a common one in some jurisdictions, but not everywhere.
The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries changed that. The Court did not accept the bright-line rule of manufacturers and instead created an obligation for the manufacturer to notify customers when they know that their integrated product is unsafe for its intended purpose and have no reason to think that the end users will be aware of this danger.
Although this change in law may make it harder for plaintiffs to bring claims against manufacturers of equipment, it's not the end of the story. The DeVries decision does not apply to state-law claims based on strict liability or negligence, and therefore not brought under federal maritime law statutes such as the Jones Act.
Plaintiffs will continue to pursue a broader interpretation of the bare-metal defense. For example, in the Asbestos MDL case 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 the case was a carpenter, and was exposed to turbines and switchgear at the Texaco refinery which contained asbestos-containing components.
In a similar case a judge in Tennessee has indicated that he'll take a different approach to the bare-metal defense. In the case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed with mesothelioma. He worked on equipment that was repaired or replaced by third party contractors, which included Equipment Defendants. The judge in that case held that the bare metal defense is applicable to cases like this. The Supreme Court's DeVries decision will affect the way judges use the bare-metal defense in other situations.
Defendants' Experts
Asbestos litigation can be complex and requires attorneys with extensive knowledge of law and medicine as well as access to experts of the highest caliber. EWH attorneys have years of experience in asbestos litigation, such as investigating claims, creating strategies for managing litigation and budgets, identifying and bringing in experts and defending plaintiffs as well as defendants with expert testimony in depositions and trials.
Most 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 scarring of lung tissue caused by asbestos exposure. A pulmonologist is also able to testify about symptoms such as breathing difficulties, which are similar to symptoms of mesothelioma and other asbestos-related illnesses. Experts can provide a detailed description of the plaintiff's employment background, including an analysis of their tax social security documents, union and job information.
It may be necessary to consult a forensic engineer or an environmental scientist to determine the source of exposure to asbestos. These experts can help the defendants argue that the asbestos exposure did not occur at the workplace, but was brought into the home through the clothing of workers or the outside air.
Many plaintiffs' attorneys will employ economic loss experts to assess the financial loss suffered by victims. These experts can calculate the amount of money a person has lost due to their disease and the impact it affected their life. They can also testify to expenses like medical bills and the cost of hiring someone to perform household chores a person is no longer able to do.
It is crucial for defendants to challenge the plaintiff's expert witnesses, especially in cases where they've been called to testify in dozens or hundreds of other asbestos-related claims. Experts may lose credibility with jurors when their testimony is repeated.
In asbestos lawyers cases, defendants can also seek summary judgement in cases where they can demonstrate that the evidence doesn't establish that the plaintiff was injured due to exposure to the products of the defendant. A judge won't grant summary judgement just because a defendant identifies gaps in the plaintiff’s proof.
Trial
The issues of latency in asbestos cases means that meaningful discovery can be nearly impossible. The lag between exposure and the development of the disease can be measured in years. Thus, establishing the facts that will make a case requires a thorough review of a person's entire employment history. 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 colleagues.
Asbestos-related victims are often diagnosed with less serious diseases such as asbestosis before being diagnosed with mesothelioma. Because of this, a defendant's ability to demonstrate that plaintiff's symptoms stem from another disease than mesothelioma could be of significant significance in settlement negotiations.
In the past, some attorneys have used this strategy to deny liability and obtain large sums. As the defense bar has evolved and the courts have generally rejected this approach. This is particularly relevant in federal courts where judges have routinely dismissed such claims based on lack of evidence.
As a result, a careful evaluation of every potential defendant is essential to an effective asbestos defense. This involves evaluating the severity and length of the disease as well as the nature of the exposure. For example, a woodworker who is diagnosed with mesothelioma is more likely to suffer more damage than someone who has asbestosis.
The Bowles Rice Asbestos Litigation Team defends asbestos-related lawsuits for manufacturers, suppliers and distributors contractors, employers and property owners. Our lawyers 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 attorney dockets.
Asbestos cases can be complicated and costly. We assist our clients to recognize the risks involved in this type of litigation and we assist them to create internal programs that will proactively identify safety and liability concerns. Contact us today to learn more about how our firm can protect your company's interests.
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