Asbestos Litigation Defense

In order to defend companies against asbestos-related lawsuits, it is necessary to look into the plaintiff's medical records, work history and witness. We typically use a bare metal defense that focuses on arguing your company didn't manufacture, sell, or distribute asbestos-containing products that are that are the subject of the claimant's lawsuit.

Asbestos cases are special and require a determined strategy to achieve success. We are local counsel, regional and national.

Statute of limitations

The statute of limitations is a time limit within which lawsuits are required to be filed. For asbestos cases, this means that the legal deadline for filing is between one and six years after a person becomes diagnosed with an asbestos-related disease. It is essential for the defense to prove that the injury occurred within the timeframe. This usually requires a thorough examination and examination of the plaintiff's employment history, including interviews of former coworkers, and a thorough study of Social Security and union records and tax and tax records.

The process of defending asbestos cases involves a variety of complex issues. Asbestos-related victims can develop a less severe illness, such asbestosis, before being diagnosed with a fatal illness such as mesothelioma. In these instances the attorney representing the defense will argue that the limitation period should start when the victim knew or should have reasonably known that asbestos exposure caused their disease.

These cases are complicated by the fact the statute of limitations could differ from state to state. In these instances a mesothelioma lawyer who is experienced will try to file the case in the state where most of the exposure alleged occurred. This is a difficult job, Asbestos Litigation Defense since asbestos victims often move around the country in search of jobs, and the alleged exposure could have occurred in several states.

The discovery process isn't always easy in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are usually several parties involved. It can be difficult to obtain significant discovery when there are multiple defendants and the plaintiff's claim stretches over decades.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with regional and local counsel to develop a strategy for litigation, manage local counsel and obtain consistent, cost-effective outcomes, in coordination with the client's goals. We frequently appear in front of the trial judge and coordinating judge, as well as litigation masters, across the country.

Bare Metal Defense

In the past, producers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits by arguing what is known as "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not liable for asbestos-related injuries resulting from replacement parts they did not manufacture or install.

In the case of Devries, an employee of the Tennessee Eastman chemical plant sued several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment such as valves, pumps and steam traps. He claimed he was exposed asbestos during his work in the plant and was diagnosed with Mesothelioma several years afterward.

The Supreme Court's Devries decision has changed the nature of asbestos litigation, and could influence the way courts in other jurisdictions tackle the issue of third-party parts that manufacturers incorporate into their equipment. The Court declared that the use of the bare-metal defense in this case is "cabined" to maritime law, but left open the possibility that other federal circuits might apply this doctrine to cases that are not maritime also.

This decision was the first time an appeals court of the federal level has used the defense of bare metal in a lawsuit involving asbestos, and is quite a departure from the norms of product liability law. The majority of courts have understood "bare metal" as a rejection of the responsibility of a maker to warn about the dangers posed by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation group litigation. We help our clients develop litigation strategies, manage regional and local counsel and achieve an efficient, cost-effective defense that aligns with their goals. Our lawyers also speak at industry conferences on major issues shaping asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, judges and litigation special masters. Our unique strategy has proven to be effective in reducing legal costs for our clients.

Expert Witnesses

A person who has specialized expertise, skills or experience is an expert witness. They provide independent assistance to a court by providing an unbiased opinion on matters that are within their field of expertise. He should clearly state the facts or assumptions on which his opinion is based and must not fail to consider matters which might affect his opinions.

In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the assessment of the claimant's health and the identification of any connection between their condition and an identified source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of experts. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health specialists.

Experts are there to offer impartial technical assistance, whether they represent the prosecution or the defense. He is not expected to assume the role of an advocate and should not try to influence or convince the jury to favor his client. He should not attempt to convince the jury or make an argument.

The expert should work with the other experts in attempting to resolve any technical issues at a very early stage and eliminate any other peripheral matters. The expert should also work with those who are instructing him to determine areas of agreement and discord in the joint statement of the expert as ordered by the court.

After completing his examination in chief, the expert should explain his conclusions and the reasons for them in a clear and easy-to-understand way. He must be able to answer questions from the prosecution or the judge and should be willing to address any issues that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos law & litigation litigation involving multiple parties and jurisdictions. Our lawyers can counsel and manage regional and national defense counsel as well as local and regional experts and witnesses. Our team regularly appears before the asbestos litigation judges who coordinate across the nation as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and beginning of symptoms experts play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that stretch for decades and involve dozens or even hundreds of defendants. Due to this, asbestos litigation defense it is almost impossible for a plaintiff to prove their case without the assistance of experts.

Experts in the field of medicine and other science are required to assess the degree of exposure an individual has and medical condition as well as provide insight into future health concerns. These experts are vital to any case, and should be thoroughly vetted and educated in the relevant field. The more experience an expert in science or medicine has, the more persuasive the expert is.

Asbestos cases usually require a medical or scientific expert to analyze the medical records of the claimant and conduct a physical examination. Experts can determine if asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.

Other experts, such as industrial hygienists might be required to assist in determining the existence of asbestos-related exposure levels. They can use advanced sampling and analytical methods to determine the amount of asbestos in the air in a workplace or home and compare these levels to legal exposure standards.

These types of experts can be extremely useful when defending companies who manufactured or distributed asbestos-related products, as they are often capable of proving that the levels of exposure of plaintiffs were within legal limits and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts in these cases include occupational and environmental specialists who can offer insights on the safety procedures at a particular workplace or company, and how these protocols relate to the liability of asbestos manufacturers. They can be able to, for instance, prove that renovation materials damaged during the course of a remodel could contain asbestos, or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to be released.