Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough analysis of a plaintiff's work history and medical records, Asbestos Exposure Litigation as well as testimony. We often use the bare metal defense which is based on the argument that your company did not make or sell the asbestos litigation defense-containing products at issue in a claimant's case.

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

Statute of Limitations

The majority of lawsuits must be filed within a specific timeframe, referred to as the statute of limitations. For asbestos cases, this means that the statutory deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related condition. In order to defend the case it is essential to establish that the alleged injury or death did not occur within this timeframe. This typically requires a thorough study and analysis of the plaintiff's employment background, including interviews with former coworkers and an in-depth examination of Social Security and union records and tax and tax records.

Defending asbestos cases involves a variety of complex issues. Asbestos victims may develop a mild illness, such asbestosis, before they are diagnosed with a fatal disease such as mesothelioma. In these instances, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim was aware or reasonably ought to have realized that their exposure to asbestos triggered the disease.

The difficulty of these cases is exacerbated by the fact that the time limit for filing a lawsuit may vary between states. In these cases, a seasoned mesothelioma lawyer may try to bring the case to the state where the bulk of the exposure is believed to have taken place. This can be a daunting job, since asbestos victims typically travel around the country to find work and the alleged exposure could have occurred in a variety of states.

The discovery process is challenging in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are usually several parties involved. As a result, it is often difficult to get an accurate discovery in these cases, particularly when the plaintiff's argument for injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with local and regional counsel to develop litigation strategies, manage local counsel, and produce efficient and consistent results that align with the goals of our clients. We regularly appear before coordination and trial judges as well as litigation special masters, across the country.

Bare Metal Defense

In the past, manufacturers of boiler, turbine, pump and valve equipment have successfully defended themselves against asbestos litigation by claiming a defense known as the "bare metal" or the component part doctrine. This defense states that a company cannot be held liable for asbestos-related injuries resulting from replacement components that the company did not design or install.

In the case of Devries v. Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement of 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 a few years later.

The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation, and could influence the way courts in other jurisdictions tackle the issue of third-party components manufacturers incorporate into their equipment. The Court stated that the application of the bare metal defense in this instance is "cabined" to maritime law, but left open the possibility that other federal circuits will apply this principle to non-maritime cases as well.

This ruling was the first time that a federal appeals court applied the bare-metal defense in a asbestos lawsuit and represents an important departure from the traditional product liability law. Most courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn about the potential harms caused by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients in developing strategies for litigation, oversee regional and local counsel, and provide an efficient, cost-effective defense in coordination with their objectives. Our lawyers are invited to speak at industry conferences on major issues affecting asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, judges and special masters of litigation. Our unique approach has been successful in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is someone who has specific skills, experience or knowledge and offers independent assistance to the court in the form of unbiased opinion concerning matters of his area of expertise. He should clearly state the facts or assumptions upon which his opinions are based and should not be oblivious to look into matters that could detract from his concluded opinions.

In cases that involve allegations of exposure to asbestos, Asbestos Litigation Defense medical professionals are often asked to assist in the evaluation of the claimant's condition and to determine if there is a causal link between their condition and an identified source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of specialists. This includes doctors and nurses, pharmacists, toxicologists or occupational health specialists, epidemiologists, and pharmacists.

Whether it is the prosecution or defence, an expert's role is to provide impartial technical assistance. He should not serve as an advocate or try to influence the jury to favor his client. The duty to the court overrides his duties to his client, and he should not try to push a particular argument or find evidence to justify it.

The expert should work with the other experts to resolve any peripheral issues and narrow down any technical issues. The expert should also cooperate with the people who instruct him in identifying areas of agreement and disagreement for the reason of the joint statement of experts commissioned by the court.

After his main examination the expert must be able to explain his findings and the reasons for them in a clear and understandable manner. He should be able to answer questions from either the prosecution or judge, and be prepared to address all points that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to counsel and manage national and regional defense counsel as well as regional and local experts and witnesses. Our team is regularly in front of the asbestos litigation judges who coordinate across the nation, as well as trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and beginning of symptoms experts are a crucial part in any case involving an asbestos defense litigation-related injury. Asbestos cases usually involve complicated theories of injuries that span decades and involve hundreds or even dozens of defendants. It is nearly impossible for Asbestos Litigation Defense an individual to prove their case without the help of experts.

Experts in medicine and other sciences are needed to evaluate the extent of a person's exposure and medical condition, and also to provide information on future health concerns. These experts are vital to any case and must be thoroughly checked and knowledgeable about the subject. The more experience an expert in medical or scientific fields has the more convincing they'll be.

Asbestos cases often require an expert from a medical or scientific field to examine the medical records of the plaintiff and conduct a physical examination. These experts can testify as to whether exposure to asbestos was enough to trigger a specific medical condition such as mesothelioma, lung cancer, or any other form of scarring in the lungs and respiratory tract (e.g. plaques in the pleural cavity).

It could be necessary to seek out other experts, like industrial hygienists, in order to establish the existence of asbestos litigation cases exposure levels. They can employ advanced sampling and analytical methods to determine the amount of asbestos in the air specializes in asbestos litigation the workplace or at home and compare them to the legal exposure standards.

These experts can be extremely useful in defending companies that produced or distributed asbestos-related products as they can often be able of proving that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts involved in these cases include environmental and occupational specialists who can provide insight into the quality of safety protocols at a given work site or company and how these protocols relate to the liability of asbestos manufacturers. For instance, these experts can establish that renovation materials damaged during a remodel are more likely to contain asbestos, or that shaking out contaminated clothing could cause asbestos fibers to release and then be inhaled.