Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough examination of the plaintiff's employment history as well as medical records and evidence. We typically use the bare-metal defense, which focuses on arguing that your company didn't manufacture or sell the asbestos-containing products at issue in the case of a claimant.

Asbestos cases require an exclusive method and a persistent approach to get results. We serve as local, regional and national counsel.

Statute of Limitations

The statute of limitations is a time limit within which lawsuits are required to be filed. In asbestos cases the deadline for filing a lawsuit is between one and six years after a victim is diagnosed with an asbestos-related condition. It is essential for the defense to prove that the injury was sustained within the timeframe. In most cases, this involves an exhaustive review of the plaintiff's past work background, including interviews with former coworkers and the careful review of Social Security, union, tax and other documents.

In defending an asbestos-related case, there are many complicated issues. For example, asbestos victims are more likely to develop a less serious illness such as asbestosis before being diagnosed with a fatal illness like mesothelioma. In these cases an attorney for defense will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably should have known that their exposure to asbestos caused the disease.

These cases are made more complex due to the fact that the statute of limitations can vary from state to state. In these instances an experienced mesothelioma lawyer will attempt to bring the case to a state where the majority of the exposure is believed to have taken place. This can be a challenging task, as asbestos class action litigation victims frequently travel across the country in search of work, and the exposure could have occurred in a variety of states.

The discovery process is a challenge in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are typically several parties involved. It is often difficult to find a meaningful discovery in these cases, especially when the plaintiff's theory of injuries spans decades and connects multiple defendants.

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 devise strategies for litigation, manage local counsel, and produce efficient and consistent results while coordinating with the goals of our clients. We regularly appear in front of the trial judge and the coordinating judge as also litigation masters across the country.

Bare Metal Defense

The past has seen manufacturers of boilers, turbines and pump equipment have defended themselves in asbestos litigation by claiming an argument referred to as the "bare metal" or component part doctrine. This defense states that a company is not liable for asbestos-related injury caused by replacement parts that they did not install or manufacture.

In the case Devries v. Tennessee Eastman Chemical, the Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment, such as pumps, valves, and steam traps. He claimed he was exposed to asbestos during his time at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has altered the nature of asbestos litigation and may influence the way courts in other jurisdictions tackle the issue of third-party components manufacturers add to equipment. The Court said that the application of the bare-metal defense in this context is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this doctrine to cases that are not maritime, as well.

This ruling was the first time that a federal appeals court has applied the bare metal defense in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. Most courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn about the dangers posed by replacement parts it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, manage regional and local counsel, and online achieve consistent, cost-effective defense that is in line with their objectives. Our lawyers are invited to present at industry conferences on important issues that affect asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating closely with the coordinating judges, trial courts and litigation special masters. Our unique strategy has proven effective in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is one who is specialized in his skills, experience or knowledge and offers independent assistance to the court in the form of an objective opinion regarding matters of his field of expertise. He must be able to clearly articulate the facts or assumptions upon which his opinion is based and should not omit to consider matters which could affect his opinions.

In the event that asbestos exposure is suspected, medical experts may be required to help evaluate the claimant's condition and to determine any causal link between the condition and the alleged source of exposure. Many of the ailments that are caused by asbestos are complex, and require the expertise of experts in the field. This can include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists.

Whether it is the defense or Asbestos Litigation Defense prosecution, an expert's role is to provide impartial technical assistance. He should not assume the role of advocate or seek to influence or convince the jury in favour of his client. The obligation to the court overrides his duties to his client and he should not attempt to promote an argument or seek evidence to justify it.

The expert should cooperate with other experts in trying to resolve any technical issues at an early stage and eliminate any other peripheral matters. The expert should also work with those who instruct him to identify areas of agreement and disagreement for the joint statement of the expert commissioned by the court.

The expert must at the conclusion of his examination chief, explain his conclusions as well as the reasons for them in a manner that is easy to understand and clear. He is expected to be able to respond questions from the prosecution or judge and should be prepared to address any points which are raised on cross-examination.

Cetrulo LLP is well versed in the defense of clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can handle and advise national and regional defense counsel, as along with local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos litigation across the country, as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and appearance of symptoms experts play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and connect hundreds or dozens of defendants. It is almost impossible for a claimant to prove their case without the assistance of experts.

Experts in the field of medicine and other science are required to determine the extent of a person's exposure and medical condition, and also to provide insight into future health concerns. These experts are vital to any case, and they must be thoroughly examined and knowledgeable in the relevant field. The more experience an expert in medicine or science has the more convincing the expert is.

Asbestos cases often require an expert in science or medicine to analyze the claimant's medical records and conduct a physical exam. Experts can testify to whether the claimant's exposure to asbestos was sufficient to cause a particular medical condition such as mesothelioma, lung cancer, or any other form of scarring that affects the lungs and respiratory tract (e.g. plaques in the pleural cavity).

It could be necessary to consult with other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can utilize advanced analytical and sampling methods to compare airborne asbestos levels in a home or workplace to the legal exposure standards.

Experts of this kind can also prove valuable when defending companies who manufactured or distributed asbestos-related goods as they are often capable of proving that the exposure levels of plaintiffs were below the legal limit and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts that could be involved in these cases are occupational and environmental experts. They can provide insight into the safety protocols which are in place at a particular workplace or business, and how they connect to the liability of asbestos manufacturers. They can be able to, for instance, prove that the materials used in the course of remodeling could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos litigation group fibers and asbestos dust to escape.