20 Trailblazers Lead The Way In Asbestos Litigation Defense
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Asbestos Litigation Defense
Cetrulo LLP has been widely recognized as a leader in asbestos litigation. The Firm's attorneys regularly speak at national conferences and are knowledgeable in the myriad of issues that arise in defending asbestos cases such as jurisdictional Case Management Orders and expert selection.
Research has shown that exposure to asbestos can cause lung damage and cause lung disease. This includes mesothelioma as well as lesser diseases like asbestosis and plaques in the pleural cavity.
Statute of limitations
In the majority of personal injury cases, a statute of limitations establishes a time limit for how long after an accident or injury, the victim is allowed to file a lawsuit. In asbestos cases, statutes of limitations differ by state. They are also different from other personal injury lawsuits as asbestos-related illnesses can take years to be apparent.
Due to the delaying nature of mesothelioma and other asbestos-related diseases, the statute of limitations begins at the time of diagnosis (or death in cases of wrongful death) rather than at the time of exposure. This discovery rule is the reason why the families of victims must work as quickly as they can with an experienced New York asbestos Lawyer (https://pattern-wiki.win/).
There are a myriad of aspects to consider when making an asbestos lawsuit. One of the most important is the statute of limitations. This is the deadline that the victim has to submit the lawsuit by, and failure to file the lawsuit could result in the case being dismissed. The statute of limitations differs from state to state and the laws differ greatly. However, the majority allow between one and six years after the victim was diagnosed.
In an asbestos-related case in which the defendants are involved, they will typically attempt to invoke the statute of limitations to defend against liability. They might argue for instance that plaintiffs should have been aware or had knowledge of their exposure to asbestos and were under an obligation to notify their employer. This is an often used argument in mesothelioma cases, and it can be difficult for the plaintiff to prove.
A defendant in an asbestos case could be able to claim that they did not have the resources or the means to warn 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 argued that the defendants lacked "state-ofthe-art" information and therefore could not provide adequate warnings.
Generally speaking, it is preferential to file the asbestos lawsuit in the state where the victim's residence. However, there are some situations in which it might be appropriate to file the lawsuit in an alternative state. This usually has something to relate to the location of the employer or the place where the employee was first exposed to asbestos.
Bare Metal
The bare-metal defense is a strategy used by equipment manufacturers in asbestos litigation. It argues that since their products were manufactured as unfinished metal, they had no duty to warn of the dangers of asbestos-containing products that were added by other parties at a later date like thermal insulation and gaskets for flanges. This defense is a common one in certain jurisdictions, but not everywhere.
The Supreme Court's ruling in Air & Liquid Sys. Corp. v. DeVries has changed the law. The Court rejected the manufacturers' preferred bright line rule and instead, a new standard under which manufacturers have a responsibility to warn if it knows that its product is likely to be harmful for its intended purposes and does not have any reason to believe that its final customers will be aware of the risk.
While this change in law could make it more difficult for plaintiffs to prevail in claims against manufacturers of equipment, it's not the end of the tale. For one it is that the DeVries decision does not apply to state-law claims made on the basis of negligence or strict liability, and are not brought under the federal maritime law statutes, such as the Jones Act or the Maritime Claims Act.
Plaintiffs will continue to pursue a wider interpretation of the bare metal defense. In the Asbestos Multi-District Litigation of Philadelphia for instance the case was remanded back to an Illinois federal judge to determine if that state recognizes this defense. The plaintiff who died in this case was a carpenter who was exposed to switchgear, turbines and other asbestos-containing components at the Texaco refining facility.
In a similar case in Tennessee, the Tennessee judge has stated that he would adopt the third view of bare metal defense. The plaintiff in that case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma after working on equipment that had been repaired or replaced by contractors of third party which included the Equipment Defendants. The judge in that case ruled that the bare-metal defense is applicable to cases similar to this. The Supreme Court's decision in DeVries will have an impact on how judges use the bare metal defense in other contexts like those that involve tort claims brought under state law.
Defendants' Experts
Asbestos litigation is a complex affair and requires lawyers with deep medical and legal knowledge, as well as accessing top experts. EWH attorneys have decades of experience in asbestos litigation, including investigating claims, preparing strategies for managing litigation and budgets, identifying and bringing in experts as well as defending plaintiffs and defendants with expert testimony in depositions and trials.
Typically asbestos cases require the testimony of medical professionals, such as pathologists and radiologists who testify on X-rays or CT scans that show scarring of lung tissue typical of asbestos exposure. A pulmonologist is also able to provide evidence of symptoms, such as breathing difficulties that are similar to those of mesothelioma or other asbestos-related diseases. Experts can also provide a detailed history of work performed by the plaintiff, including a review of employment, union tax, social security documents.
A forensic engineering or environmental science expert may be necessary to explain the source of the asbestos exposure. These experts can help defendants to argue that asbestos exposure did not occur at the workplace, but brought home by workers' clothing or air outside.
A lot of plaintiffs lawyers will call experts in economic loss to assess the financial losses incurred by the victims. These experts can calculate the amount of money a person lost as a result of their illness and the impact it had on his or her lifestyle. They can also testify about expenses like medical bills as well as the cost of hiring someone to do household chores that a person can no longer perform.
It is essential for defendants to challenge the expert witnesses of the plaintiff, especially in cases where they have testified in dozens or even hundreds of asbestos-related cases. Experts can lose credibility with jurors when their testimony is repeated.
In asbestos cases, defendants can also request summary judgment if they show that the evidence doesn't prove that the plaintiff suffered injuries from exposure to the defendant's product. A judge is not likely to issue a summary judgment merely because a defendant identifies gaps in the plaintiff’s proof.
Going to Trial
Due to the latency issues involved in asbestos cases, it can be difficult to make a meaningful discovery. The time between exposure and the development of disease can be measured in decades. As such, establishing the facts that will create a case, requires a thorough review of an individual's entire work history. This often involves a thorough examination of social security, union, tax, and financial records, as along with interviews with coworkers and family members.
asbestos attorneys patients often develop less serious ailments like asbestosis prior to the diagnosis of mesothelioma. 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 value in settlement negotiations.
In the past, a few attorneys have employed this strategy to deny liability and get large sums. However, as the defense bar has grown and diversified, this strategy is generally rejected by the courts. This is particularly true in federal courts, where judges routinely reject such claims due to the absence of evidence.
A thorough evaluation of each potential defendant is essential to be able to defend effectively in asbestos litigation. This includes evaluating the severity and duration of the disease as well as the type of the exposure. For example a carpenter with mesothelioma is likely to be awarded higher damages than one who has only suffered from asbestosis.
The Bowles Rice Asbestos Litigation Team defends asbestos-related litigation for product 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 cases can be complicated and expensive. We help our clients understand the risks involved in this type of litigation and assist them in establishing internal programs that will identify potential safety and liability concerns. Contact us to find out how we can help protect the interests of your company.
Cetrulo LLP has been widely recognized as a leader in asbestos litigation. The Firm's attorneys regularly speak at national conferences and are knowledgeable in the myriad of issues that arise in defending asbestos cases such as jurisdictional Case Management Orders and expert selection.
Research has shown that exposure to asbestos can cause lung damage and cause lung disease. This includes mesothelioma as well as lesser diseases like asbestosis and plaques in the pleural cavity.
Statute of limitations
In the majority of personal injury cases, a statute of limitations establishes a time limit for how long after an accident or injury, the victim is allowed to file a lawsuit. In asbestos cases, statutes of limitations differ by state. They are also different from other personal injury lawsuits as asbestos-related illnesses can take years to be apparent.
Due to the delaying nature of mesothelioma and other asbestos-related diseases, the statute of limitations begins at the time of diagnosis (or death in cases of wrongful death) rather than at the time of exposure. This discovery rule is the reason why the families of victims must work as quickly as they can with an experienced New York asbestos Lawyer (https://pattern-wiki.win/).
There are a myriad of aspects to consider when making an asbestos lawsuit. One of the most important is the statute of limitations. This is the deadline that the victim has to submit the lawsuit by, and failure to file the lawsuit could result in the case being dismissed. The statute of limitations differs from state to state and the laws differ greatly. However, the majority allow between one and six years after the victim was diagnosed.
In an asbestos-related case in which the defendants are involved, they will typically attempt to invoke the statute of limitations to defend against liability. They might argue for instance that plaintiffs should have been aware or had knowledge of their exposure to asbestos and were under an obligation to notify their employer. This is an often used argument in mesothelioma cases, and it can be difficult for the plaintiff to prove.
A defendant in an asbestos case could be able to claim that they did not have the resources or the means to warn 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 argued that the defendants lacked "state-ofthe-art" information and therefore could not provide adequate warnings.
Generally speaking, it is preferential to file the asbestos lawsuit in the state where the victim's residence. However, there are some situations in which it might be appropriate to file the lawsuit in an alternative state. This usually has something to relate to the location of the employer or the place where the employee was first exposed to asbestos.
Bare Metal
The bare-metal defense is a strategy used by equipment manufacturers in asbestos litigation. It argues that since their products were manufactured as unfinished metal, they had no duty to warn of the dangers of asbestos-containing products that were added by other parties at a later date like thermal insulation and gaskets for flanges. This defense is a common one in certain jurisdictions, but not everywhere.
The Supreme Court's ruling in Air & Liquid Sys. Corp. v. DeVries has changed the law. The Court rejected the manufacturers' preferred bright line rule and instead, a new standard under which manufacturers have a responsibility to warn if it knows that its product is likely to be harmful for its intended purposes and does not have any reason to believe that its final customers will be aware of the risk.
While this change in law could make it more difficult for plaintiffs to prevail in claims against manufacturers of equipment, it's not the end of the tale. For one it is that the DeVries decision does not apply to state-law claims made on the basis of negligence or strict liability, and are not brought under the federal maritime law statutes, such as the Jones Act or the Maritime Claims Act.
Plaintiffs will continue to pursue a wider interpretation of the bare metal defense. In the Asbestos Multi-District Litigation of Philadelphia for instance the case was remanded back to an Illinois federal judge to determine if that state recognizes this defense. The plaintiff who died in this case was a carpenter who was exposed to switchgear, turbines and other asbestos-containing components at the Texaco refining facility.
In a similar case in Tennessee, the Tennessee judge has stated that he would adopt the third view of bare metal defense. The plaintiff in that case was a Tennessee Eastman chemical plant mechanic who was diagnosed with mesothelioma after working on equipment that had been repaired or replaced by contractors of third party which included the Equipment Defendants. The judge in that case ruled that the bare-metal defense is applicable to cases similar to this. The Supreme Court's decision in DeVries will have an impact on how judges use the bare metal defense in other contexts like those that involve tort claims brought under state law.
Defendants' Experts
Asbestos litigation is a complex affair and requires lawyers with deep medical and legal knowledge, as well as accessing top experts. EWH attorneys have decades of experience in asbestos litigation, including investigating claims, preparing strategies for managing litigation and budgets, identifying and bringing in experts as well as defending plaintiffs and defendants with expert testimony in depositions and trials.
Typically asbestos cases require the testimony of medical professionals, such as pathologists and radiologists who testify on X-rays or CT scans that show scarring of lung tissue typical of asbestos exposure. A pulmonologist is also able to provide evidence of symptoms, such as breathing difficulties that are similar to those of mesothelioma or other asbestos-related diseases. Experts can also provide a detailed history of work performed by the plaintiff, including a review of employment, union tax, social security documents.
A forensic engineering or environmental science expert may be necessary to explain the source of the asbestos exposure. These experts can help defendants to argue that asbestos exposure did not occur at the workplace, but brought home by workers' clothing or air outside.
A lot of plaintiffs lawyers will call experts in economic loss to assess the financial losses incurred by the victims. These experts can calculate the amount of money a person lost as a result of their illness and the impact it had on his or her lifestyle. They can also testify about expenses like medical bills as well as the cost of hiring someone to do household chores that a person can no longer perform.
It is essential for defendants to challenge the expert witnesses of the plaintiff, especially in cases where they have testified in dozens or even hundreds of asbestos-related cases. Experts can lose credibility with jurors when their testimony is repeated.
In asbestos cases, defendants can also request summary judgment if they show that the evidence doesn't prove that the plaintiff suffered injuries from exposure to the defendant's product. A judge is not likely to issue a summary judgment merely because a defendant identifies gaps in the plaintiff’s proof.
Going to Trial
Due to the latency issues involved in asbestos cases, it can be difficult to make a meaningful discovery. The time between exposure and the development of disease can be measured in decades. As such, establishing the facts that will create a case, requires a thorough review of an individual's entire work history. This often involves a thorough examination of social security, union, tax, and financial records, as along with interviews with coworkers and family members.
asbestos attorneys patients often develop less serious ailments like asbestosis prior to the diagnosis of mesothelioma. 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 value in settlement negotiations.
In the past, a few attorneys have employed this strategy to deny liability and get large sums. However, as the defense bar has grown and diversified, this strategy is generally rejected by the courts. This is particularly true in federal courts, where judges routinely reject such claims due to the absence of evidence.
A thorough evaluation of each potential defendant is essential to be able to defend effectively in asbestos litigation. This includes evaluating the severity and duration of the disease as well as the type of the exposure. For example a carpenter with mesothelioma is likely to be awarded higher damages than one who has only suffered from asbestosis.
The Bowles Rice Asbestos Litigation Team defends asbestos-related litigation for product 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 cases can be complicated and expensive. We help our clients understand the risks involved in this type of litigation and assist them in establishing internal programs that will identify potential safety and liability concerns. Contact us to find out how we can help protect the interests of your company.
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