Asbestos Litigation Defense

In order to defend companies against asbestos class action litigation-related lawsuits, it is necessary to review the medical records of the plaintiff, work history and testimony. We often use the bare metal defense, which is focused on proving that your company did not make or sell the asbestos-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, Near me and national counsel.

Statute of Limitations

The statute of limitations is a time limit within which most lawsuits must be filed. In asbestos law & litigation cases, this means the legal deadline for filing is between one and six years after a person is diagnosed with an asbestos-related illness. For the defense it is essential to prove that the alleged injury or death did not occur within this timeframe. This typically requires a thorough study and examination of the plaintiff's employment history, which includes interviews with former coworkers, as well as a thorough review of Social Security and union records, as well as tax and tax documents.

The process of defending an asbestos case involves several complex issues. Asbestos victims may suffer from a less severe illness, such asbestosis, prior to being diagnosed with a fatal illness such as mesothelioma. In these instances the attorney representing the defense will argue that the time limit should be set when the victim knew or should have reasonably known that exposure to asbestos caused their disease.

These cases are made more complex due to the fact that the statute of limitations can vary from state to state. In these cases an experienced lawyer for mesothelioma will try to present the case in the state in which the majority of the alleged exposure took place. This can be a challenging task since asbestos sufferers often moved across the country to obtain work, and the alleged exposure could have occurred in multiple states.

In addition, the process of discovery is a challenge in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are often several parties involved. It can be difficult to get significant information when there are multiple defendants and the plaintiff's theory stretches over decades.

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

Bare Metal Defense

In the past, producers of turbines, boilers, pumps and valves have defended themselves against asbestos litigation paralegal lawsuits using what is known as "bare metal" doctrine or the component part doctrine. This defense holds that a manufacturer cannot be held liable for asbestos-related harms caused by replacement components that the company didn't design or install.

In the case of Devries, an employee at an Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment like valves, pumps and steam traps. He claimed he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has changed the nature of asbestos litigation and could affect the way courts in other jurisdictions approach the issue of third-party components that manufacturers add to equipment. The Court declared that the application of the bare metal defense is "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This decision was the first time that a federal appeals court has applied the bare metal defense in a asbestos lawsuit and represents a significant departure from traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a company to warn about harm caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Near Me Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We help our clients develop strategies for litigation, oversee regional and local counsel, and achieve consistent, cost-effective defense that aligns with their goals. Our attorneys speak at industry conferences on major issues affecting asbestos litigation. Our firm's experience includes defending clients in every state and collaborating closely with coordinating judges, trial courts and litigation special masters. Our unique method has proven successful in cutting down on our clients' exposure and legal costs.

Expert Witnesses

A person with specific expertise, skills or experience is an expert witness. They provide impartial assistance to a court by providing an unbiased opinion on matters that are within their expertise. He should clearly state his views and the facts or assumptions he's basing it on. He should not ignore any factors that could influence his conclusions.

In the event that asbestos exposure is suspected medical experts may be required to evaluate the claimant's condition and identify any causal connections between the condition and the identified source of exposure. A lot of the diseases that are caused by asbestos are complex, and require the expertise of specialists in the field. This can include doctors and nurses as well as toxicologists, pharmacists occupational health specialists, epidemiologists and pharmacists.

If it's the prosecution or defence the expert's job is to provide impartial technical assistance. He should not act as an advocate or attempt to influence the jury in favor of his client. He should not try to convince the jury or advocate for an argument.

The expert should collaborate with other experts to eliminate any peripheral issues and narrow down any technical issues. The expert should also collaborate with those who instruct him to pinpoint areas of agreement and discord for the joint statement of expert ordered by the court.

At the conclusion of his main examination the expert must explain his conclusions and the reasons behind them in a clear and comprehensible way. He must be able to answer questions from the prosecution or judge and be prepared to discuss any issues 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 attorneys are able to counsel and manage national and regional defense counsel and local and regional experts and witnesses. Our team regularly appears before trial judges, coordinating judges and special masters in asbestos litigation across the country.

Medical Experts

Due to the latency issues that occur between asbestos exposure and the beginning of symptoms, Asbestos Law & litigation expert witnesses play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and involve hundreds or dozens of defendants. It is nearly impossible for a claimant to prove their case without the assistance of experts.

Experts in medicine and other sciences are required to assess the extent of an individual's exposure and their medical condition, and also to provide insight into future health issues. These experts are vital to any case and should be thoroughly vetted and educated in the relevant field. The more experience the medical or scientific expert has the more convincing they will be.

In many asbestos cases an expert in medicine or a scientist is required to examine the records of the claimant and conduct an examination. These experts can testify whether asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

Other experts such as industrial hygienists may be required to assist in determining the existence of asbestos-related exposure levels. They can utilize sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air at a workplace or home to the legal exposure standards.

These types of experts are also useful when defending companies who manufactured or distributed asbestos-related goods as they can often be able of proving that the exposure levels of plaintiffs were within the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.

Other experts who could be involved in these instances are occupational and environmental specialists. They can provide information into the safety protocols that exist at a particular work site or company and how they relate to the liability of asbestos producers. For example, these experts can determine that materials used in renovation disturbed during a remodel project are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers release and then be inhaled.