Asbestos Litigation Defense

Protecting companies from asbestos litigation meaning litigation requires a thorough examination of the plaintiff's employment history as well as medical records and evidence. We often use a bare metal defense, which focuses on proving that your company didn't make or sell asbestos-containing products in the plaintiff's lawsuit.

Asbestos cases require an exclusive approach and a tenacious approach to get results. We are regional, local, and national counsel.

Statute of Limitations

The majority of lawsuits must be filed within a specified timeframe, referred to as the statute of limitations. In asbestos cases, that means the deadline for filing a lawsuit is between one and six years after a person is diagnosed with an asbestos-related illness. In order to defend the case, it is important to prove that the alleged injury or death did not occur within this timeframe. In most cases, this involves conducting a thorough review of the plaintiff's work history, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.

The process of defending an asbestos case involves a number of complex issues. For instance, asbestos litigation meaning-related victims typically develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness like mesothelioma. In these instances an attorney for defense will argue that the limitation period should begin when the victim knew or reasonably should have known that their exposure to asbestos caused the disease.

These cases are complicated due to the fact that the statute of limitations may differ from state to state. In these instances a mesothelioma lawyer who is experienced will try to file the case in the state where the majority of the alleged exposure occurred. This can be a challenging task since asbestos sufferers often moved across the country in search of work, Asbestos Litigation and the alleged exposure could have occurred in multiple states.

The discovery process can be a challenge in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of just a few defendants in the majority of cases, there are typically dozens of people involved. This means it can be difficult to find a meaningful discovery in these cases, especially when the plaintiff's theory of injuries spans decades and connects many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to develop strategies for litigation, manage local counsel, and produce efficient and consistent results in coordination with the client's goals. We frequently appear before the trial judge and coordinating judge, as also litigation masters across the country.

Bare Metal Defense

The past has seen manufacturers of boiler, turbine and pump and Asbestos litigation valve equipment have sought to defend themselves in asbestos litigation by claiming the defense referred to as the "bare metal" or component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries resulting from replacement parts they did not install or manufacture.

In the case of Devries, a worker at an Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets on equipment like valves, pumps and steam traps (Equipment Defendants). He claimed that he was exposed to asbestos while working at the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation and could impact the way courts in other jurisdictions address the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court stated that this application of the bare metal defense is "cabined" in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that are not maritime.

This decision was the first time a federal appeals court has applied the bare metal defense in a lawsuit involving asbestos, and is an important departure from the traditional product liability law. The majority of courts have understood "bare metal" as a denial of the obligation of a manufacturer to warn about the potential harms caused by replacement parts it did't manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing litigation strategies, manage local and regional counsel and achieve a consistent, cost-effective defence in line with their goals. Our attorneys also speak at conferences for industry professionals on the important issues that influence asbestos litigation. Our firm's experience includes representing clients across the nation and working closely with the coordinating judges and trial courts as well as litigation special masters. Our unique approach has been effective in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is someone who is specialized in his skills, knowledge or experience and offers independent assistance to the court with the aid of an impartial opinion on matters of his area of expertise. He should be able to clearly express his opinion and the facts or assumptions he is basing it on. He should also not overlook any aspects that could affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical experts are often asked to assist in the evaluation of the claimant's health and to determine if there is a 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 could include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

If it's the prosecution or defence the expert's job is to provide impartial technical assistance. He is not expected to assume the role of an advocate and should not try to influence or convince a jury in favour of his client. He should not try to convince the jury or promote an argument.

The expert should co-operate with the other experts when attempting to narrow any technical issues at a very early stage and eliminate any peripheral issues. The expert should also collaborate with those who are instructing him to pinpoint areas of agreement and discord in the joint statement of expert ordered by the court.

At the conclusion of his main examination, the expert should explain his conclusions and the reasons for them in a clear and comprehensible manner. He is expected to be able to respond questions from the prosecution or judge and should be willing 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 are able to manage and counsel regional and national defense counsel as well as local, regional and expert witnesses and experts. Our team regularly appears before the asbestos litigation judges who coordinate across the nation and also before trial judges and special Masters.

Medical Experts

Due to the latency issues that arise between asbestos exposure and beginning of symptoms Expert witnesses play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that span decades and involve dozens or even hundreds of defendants. Due to this, it's nearly impossible for a plaintiff to prove their case without the assistance of experts.

Experts in the fields of medicine and other sciences are required to assess the extent of an individual's exposure and medical condition and also to give insight into the future health issues. Experts like these are essential to any case, and they must be thoroughly checked and knowledgeable in the relevant field. The more experience an expert in medical or scientific fields has the more persuasive they'll be.

In a majority of asbestos cases, an expert in medicine or a scientist is required to review the records of the claimant and conduct a physical exam. Experts can testify as to whether the claimant's exposure asbestos was sufficient to cause a specific medical condition like mesothelioma or lung cancer, or other forms of scarring on the lungs and respiratory tract (e.g. plaques in the pleural cavity).

Other experts such as industrial hygienists may be required to aid in establishing the existence of asbestos-related exposure levels. They can utilize advanced analytical and sampling methods to determine the amount of asbestos in the air at the workplace or at home with the standards for exposure that are legally required.

These experts can be extremely useful when defending companies that manufactured or distributed asbestos-related products as they are often capable of demonstrating that the levels of exposure of plaintiffs were below the legal limit and that there was no evidence of employer negligence or manufacturer liability.

Other experts that could be involved in these instances are occupational and environmental experts. They can provide information into the safety guidelines which are in place at a particular work site or company and how they are related to asbestos manufacturers' liability. These experts could be able to, for instance, prove that renovation materials disturbed in the course of remodeling could contain asbestos or that shaking contaminated clothing could cause asbestos litigation cases dust and asbestos fibers to escape.