20 Quotes That Will Help You Understand Asbestos Litigation Defense
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Asbestos Litigation Defense
Cetrulo LLP has been widely acknowledged as a pioneer in asbestos lawyer litigation. The Firm's attorneys regularly speak at national conferences and are proficient in the myriad of issues that arise in asbestos litigation, including jurisdictional Case Management Orders and expert selection.
Research has shown that asbestos exposure can cause lung disease and damage. This includes mesothelioma, and lesser illnesses like asbestosis and pleural plaques.
Statute of limitations
In the majority of personal injury claims statutes limit the time period after which a victim may make an action. For asbestos, the statute of limitations differs by state and differs from other personal injury cases due to the fact that asbestos-related diseases can take years to show up.
Due to the delayed nature of mesothelioma as well as other asbestos-related diseases the statute of limitations clock begins at the date of diagnosis (or death, in cases of wrongful death) rather than at the date of exposure. This discovery rule is why victims and their families must consult an experienced New York mesothelioma lawyer as soon as possible.
When making an asbestos lawsuit, there are a variety of things that need to be considered. The statute of limitations is one of the most crucial. This is the time limit that the victim has to submit the lawsuit by, and failure to do so will result in the case being closed. The statute of limitations differs by state, and the laws vary greatly however, most states allow between one and six years from the time the victim was diagnosed with an asbestos-related disease.
In an asbestos case defendants typically make use of the statute of limitations as a defense to liability. They could argue that, for instance, plaintiffs should have been aware or were aware of their asbestos exposure and had the obligation of notifying their employer. This is a common defense in mesothelioma lawsuits, and it can be difficult to prove for the victim.
A defendant in a case involving asbestos could also claim that they did not have the resources or means to warn about the dangers of the product. This is a complicated case and depends largely on the available evidence. In California for instance it was argument that defendants did not have "state-ofthe-art" information and therefore could not provide adequate warnings.
Generally, it is best to file the asbestos lawsuit in the state of the victim's residence. However, there are certain circumstances in which it might be appropriate to file the lawsuit in an alternative state. It usually has to do with relate to the location of the employer or the place where the employee was first exposed to asbestos.
Bare Metal
The defense of bare metal is a tactic that equipment manufacturers use in asbestos litigation. The bare metal defense asserts that, because their products left the factory as bare steel, they did not have a duty to warn about the dangers posed by asbestos-containing materials later added by other parties, such as thermal insulating flange seals and flange seals. This defense has been accepted in some areas, but it is not available under federal law in all states.
The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has altered the law. The Court has rejected the bright-line rule that manufacturers prefer and instead established the standard that requires the manufacturer to notify customers when they know that their integrated product is hazardous for its intended use and have no reason to believe that users will be aware of the risk.
While this change in law could make it more difficult for plaintiffs to win 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 is not applicable to claims 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 the case has been remanded to an Illinois federal court to determine whether the state is able to recognize the defense. The deceased plaintiff in that claim worked as a carpenter and was exposed to switchgear and turbines in an Texaco refinery that contained asbestos-containing parts.
In a similar case in Tennessee, an Tennessee judge has indicated that he will adopt the third perspective of the defense of bare metal. In that case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed as having mesothelioma. He worked on equipment that was repaired or replaced by third party contractors, which included Equipment Defendants. The judge in that case ruled that the bare-metal defense is applicable to cases like this. The Supreme Court's decision in DeVries will have an impact on how judges use the bare metal defense in other contexts for example, those involving tort claims under state law.
Defendants' Experts
Asbestos lawsuits are complicated and require skilled attorneys who have a thorough knowledge of both legal and medical issues, as well as access to top experts. EWH attorneys have years of experience in asbestos litigation, including investigating claims, preparing strategies for managing litigation and budgets, as well as identifying and hiring experts as well as defending plaintiffs and defendants in expert testimony at depositions and trials.
Most asbestos cases require the testimony of medical professionals like a radiologist or pathologist. They will testify that X-rays and CT scans reveal the typical lung tissue scarring caused by asbestos exposure. A pulmonologist may also provide evidence of symptoms, such as breathing difficulties and coughing, which are similar to those of mesothelioma or other asbestos-related diseases. Experts can provide a thorough account of the plaintiff's work background, which includes an examination of his or her tax social security and union records as well as job and employment details.
A forensic engineering or environmental scientist may be necessary to explain the cause of the asbestos exposure. Experts in these fields can assist plaintiffs argue that the asbestos attorneys was not exposed at the workplace and instead was brought home through clothing worn by workers or from the outside air (a common defense in mesothelioma cases).
Many plaintiffs' attorneys will employ economic loss experts to determine the monetary loss suffered by victims. These experts can calculate how much money a victim has lost due to their illness and the effect it has had on their life. They can also testify to expenses like medical bills and the cost of hiring someone to perform household chores that a person is unable to do.
It is crucial that plaintiffs challenge defendants expert witnesses, especially when they have testified to hundreds or even hundreds of asbestos claims. If they repeat their testimony, the experts may lose credibility among jurors.
Plaintiffs in asbestos cases may also request summary judgment if they can prove that the evidence does not prove that the plaintiff suffered injuries from exposure to the defendant's product. However the judge will not grant summary judgment just because the defendant cites 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 lag between exposure and the onset of the disease can be measured in years. Thus, establishing the facts upon which to make a case requires a thorough review of the entire work history. This usually involves an exhaustive analysis of social security, union, tax and financial records, as in interviews with co-workers and family members.
Asbestos patients often develop less serious diseases like asbestosis prior to diagnosis of mesothelioma. Due to this the capacity of a defendant to show that a plaintiff's symptoms might be due to a different illness other than mesothelioma can be beneficial in settlement negotiations.
In the past, some attorneys have employed this strategy to deny liability and obtain large awards. However as the defense bar has developed the strategy is generally rejected by the courts. This is particularly true for federal courts, where judges routinely reject such claims due to the absence of evidence.
Because of this, a careful evaluation of every potential defendant is essential to a successful asbestos litigation defense. This includes assessing the length and nature of the exposure, as in addition to the degree of any diagnosed illness. For instance, a woodworker who has mesothelioma will likely to suffer greater damages than a person who only has asbestosis.
The Bowles Rice asbestos lawyer Litigation Team defends asbestos-related lawsuits for manufacturers, suppliers and distributors, contractors, employers, and property owners. Our attorneys have extensive experience as National Trial and National Coordinating Counsel. They are frequently appointed by courts as liaison counsel to manage the prosecution of asbestos attorney dockets.
Asbestos cases can be complex and costly. We assist our clients to understand the potential risks associated with this type of litigation and collaborate with them to develop internal programs designed to proactively identify potential safety and liability concerns. Contact us today to find out more about how we can protect your company's interests.
Cetrulo LLP has been widely acknowledged as a pioneer in asbestos lawyer litigation. The Firm's attorneys regularly speak at national conferences and are proficient in the myriad of issues that arise in asbestos litigation, including jurisdictional Case Management Orders and expert selection.
Research has shown that asbestos exposure can cause lung disease and damage. This includes mesothelioma, and lesser illnesses like asbestosis and pleural plaques.
Statute of limitations
In the majority of personal injury claims statutes limit the time period after which a victim may make an action. For asbestos, the statute of limitations differs by state and differs from other personal injury cases due to the fact that asbestos-related diseases can take years to show up.
Due to the delayed nature of mesothelioma as well as other asbestos-related diseases the statute of limitations clock begins at the date of diagnosis (or death, in cases of wrongful death) rather than at the date of exposure. This discovery rule is why victims and their families must consult an experienced New York mesothelioma lawyer as soon as possible.
When making an asbestos lawsuit, there are a variety of things that need to be considered. The statute of limitations is one of the most crucial. This is the time limit that the victim has to submit the lawsuit by, and failure to do so will result in the case being closed. The statute of limitations differs by state, and the laws vary greatly however, most states allow between one and six years from the time the victim was diagnosed with an asbestos-related disease.
In an asbestos case defendants typically make use of the statute of limitations as a defense to liability. They could argue that, for instance, plaintiffs should have been aware or were aware of their asbestos exposure and had the obligation of notifying their employer. This is a common defense in mesothelioma lawsuits, and it can be difficult to prove for the victim.
A defendant in a case involving asbestos could also claim that they did not have the resources or means to warn about the dangers of the product. This is a complicated case and depends largely on the available evidence. In California for instance it was argument that defendants did not have "state-ofthe-art" information and therefore could not provide adequate warnings.
Generally, it is best to file the asbestos lawsuit in the state of the victim's residence. However, there are certain circumstances in which it might be appropriate to file the lawsuit in an alternative state. It usually has to do with relate to the location of the employer or the place where the employee was first exposed to asbestos.
Bare Metal
The defense of bare metal is a tactic that equipment manufacturers use in asbestos litigation. The bare metal defense asserts that, because their products left the factory as bare steel, they did not have a duty to warn about the dangers posed by asbestos-containing materials later added by other parties, such as thermal insulating flange seals and flange seals. This defense has been accepted in some areas, but it is not available under federal law in all states.
The Supreme Court's decision in Air & Liquid Sys. Corp. v. DeVries has altered the law. The Court has rejected the bright-line rule that manufacturers prefer and instead established the standard that requires the manufacturer to notify customers when they know that their integrated product is hazardous for its intended use and have no reason to believe that users will be aware of the risk.
While this change in law could make it more difficult for plaintiffs to win 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 is not applicable to claims 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 the case has been remanded to an Illinois federal court to determine whether the state is able to recognize the defense. The deceased plaintiff in that claim worked as a carpenter and was exposed to switchgear and turbines in an Texaco refinery that contained asbestos-containing parts.
In a similar case in Tennessee, an Tennessee judge has indicated that he will adopt the third perspective of the defense of bare metal. In that case the plaintiff was a Tennessee Eastman Chemical Plant mechanic who was diagnosed as having mesothelioma. He worked on equipment that was repaired or replaced by third party contractors, which included Equipment Defendants. The judge in that case ruled that the bare-metal defense is applicable to cases like this. The Supreme Court's decision in DeVries will have an impact on how judges use the bare metal defense in other contexts for example, those involving tort claims under state law.
Defendants' Experts
Asbestos lawsuits are complicated and require skilled attorneys who have a thorough knowledge of both legal and medical issues, as well as access to top experts. EWH attorneys have years of experience in asbestos litigation, including investigating claims, preparing strategies for managing litigation and budgets, as well as identifying and hiring experts as well as defending plaintiffs and defendants in expert testimony at depositions and trials.
Most asbestos cases require the testimony of medical professionals like a radiologist or pathologist. They will testify that X-rays and CT scans reveal the typical lung tissue scarring caused by asbestos exposure. A pulmonologist may also provide evidence of symptoms, such as breathing difficulties and coughing, which are similar to those of mesothelioma or other asbestos-related diseases. Experts can provide a thorough account of the plaintiff's work background, which includes an examination of his or her tax social security and union records as well as job and employment details.
A forensic engineering or environmental scientist may be necessary to explain the cause of the asbestos exposure. Experts in these fields can assist plaintiffs argue that the asbestos attorneys was not exposed at the workplace and instead was brought home through clothing worn by workers or from the outside air (a common defense in mesothelioma cases).
Many plaintiffs' attorneys will employ economic loss experts to determine the monetary loss suffered by victims. These experts can calculate how much money a victim has lost due to their illness and the effect it has had on their life. They can also testify to expenses like medical bills and the cost of hiring someone to perform household chores that a person is unable to do.
It is crucial that plaintiffs challenge defendants expert witnesses, especially when they have testified to hundreds or even hundreds of asbestos claims. If they repeat their testimony, the experts may lose credibility among jurors.
Plaintiffs in asbestos cases may also request summary judgment if they can prove that the evidence does not prove that the plaintiff suffered injuries from exposure to the defendant's product. However the judge will not grant summary judgment just because the defendant cites 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 lag between exposure and the onset of the disease can be measured in years. Thus, establishing the facts upon which to make a case requires a thorough review of the entire work history. This usually involves an exhaustive analysis of social security, union, tax and financial records, as in interviews with co-workers and family members.
Asbestos patients often develop less serious diseases like asbestosis prior to diagnosis of mesothelioma. Due to this the capacity of a defendant to show that a plaintiff's symptoms might be due to a different illness other than mesothelioma can be beneficial in settlement negotiations.
In the past, some attorneys have employed this strategy to deny liability and obtain large awards. However as the defense bar has developed the strategy is generally rejected by the courts. This is particularly true for federal courts, where judges routinely reject such claims due to the absence of evidence.
Because of this, a careful evaluation of every potential defendant is essential to a successful asbestos litigation defense. This includes assessing the length and nature of the exposure, as in addition to the degree of any diagnosed illness. For instance, a woodworker who has mesothelioma will likely to suffer greater damages than a person who only has asbestosis.
The Bowles Rice asbestos lawyer Litigation Team defends asbestos-related lawsuits for manufacturers, suppliers and distributors, contractors, employers, and property owners. Our attorneys have extensive experience as National Trial and National Coordinating Counsel. They are frequently appointed by courts as liaison counsel to manage the prosecution of asbestos attorney dockets.
Asbestos cases can be complex and costly. We assist our clients to understand the potential risks associated with this type of litigation and collaborate with them to develop internal programs designed to proactively identify potential safety and liability concerns. Contact us today to find out more about how we can protect your company's interests.
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