Asbestos litigation isn’t just a local issue. Instead, it’s one that some companies face across a wide geographic range that can include multiple states and jurisdictions. This can create layers of complexity for companies that are facing claims that are tied to historical exposure. The multi-jurisdictional aspect of these cases means that companies facing them have to account for how that may affect their defense strategies.
One of the most challenging aspects of asbestos defense strategies is that there is a long latency period associated with asbestos-related illnesses. This means that claims may arise decades after the alleged exposure to asbestos. These claims can also involve companies, products and worksites that no longer exist in their original form. Part of the defense strategy may be that a historical reconstruction may be necessary.
Navigating legal standards
Although asbestos litigation shares common points across the country, state level differences are a major concern. Some jurisdictions may be more plaintiff friendly regarding causation standards, but others may be a bit stricter regarding the evidentiary standards for these cases. Successor liability rules, statutes of limitations and method of apportioning fault can also be greatly different between jurisdictions.
Another area that may vary is how expert testimony and scientific evidence are handled. Managing these in multi-state litigation defense requires that companies have a comprehensive corporate legal strategy that serves as the building block for all claims. Consistent documentation, aligned expert strategies, and a coordinated approach to every aspect of defense could help to avoid contradictions that may negatively impact the company.
Balance is critical when working on multi-jurisdictional asbestos defense strategies. Maintaining a consistent narrative in everything from company history related to asbestos to the definition and discussion of asbestos is critical. This will likely be easier if you work with someone who’s familiar with how these cases are handled in all the applicable forums. Having everything well established may be beneficial for efficiency and success when defending against these costly claims.