Asbestos Litigation Defense

In order to defend companies against asbestos-related lawsuits, it is necessary to examine the medical records of the plaintiff as well as their work history and witness. We typically employ a naked metal defense that focuses on the fact that your company didn't manufacture or sell asbestos-containing products that are at issue in the claimant's lawsuit.

Asbestos cases are unique and require a tenacious approach to achieving successful results. We are regional, local, and national counsel.

Statute of Limitations

Most lawsuits must be filed within a specific time period, known as the statute of limitations. In asbestos cases the deadline for filing a lawsuit is between one and six years after a person is diagnosed with an asbestos-related disease. To defend it is essential to prove that the claimed accident or death did not occur prior to the timeframe. Often, this means conducting a thorough review of the plaintiff's past work background, including interviews with former colleagues and the careful review of Social Security, union, tax and other records.

In defending an asbestos-related case, there are several complex issues. Asbestos sufferers may develop a mild disease, such as asbestosis, prior to being diagnosed with a fatal condition such as mesothelioma. In these situations an attorney 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 caused the disease.

The complexity of these cases is made more difficult by the fact that the statute of limitations may vary between states. In these cases an experienced mesothelioma lawyer will try to bring the case in the state where most of the exposure alleged occurred. This can be a daunting job, since asbestos victims often move around the country in search of work and the alleged exposure could have occurred in a variety of states.

In addition, the process of discovery is a challenge in asbestos litigation. Contrary to other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically involves dozens or more defendants. It can be difficult to obtain relevant discovery when there are multiple defendants, and the plaintiff's case stretches over decades.

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

Bare Metal Defense

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

In the case of Devries, a worker at an Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on equipment like valves, asbestoslitigation pumps and steam traps (Equipment defendants). He claimed that he had been exposed to asbestos when working in the plant and was diagnosed with mesothelioma a few years afterward.

The Supreme Court's decision in Devries has altered the face of asbestos litigation, and could affect how courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court said that this use of the bare-metal defense was "cabined" in maritime law, but left open the possibility of other federal circuits to apply this doctrine to cases that are not maritime.

This was the first time that an appeals court of the federal level has applied the bare-metal defense 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 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 industry-wide, multi-jurisdictional asbestos litigation. We help our client develop litigation strategies, manage regional and local counsel, and achieve an efficient, cost-effective defense in line with their goals. Our attorneys speak at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven to be successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is someone who is specialized in his 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 on the basis of his opinion and should not be oblivious to consider issues that could detract from his concluded conclusions.

In cases where asbestos exposure is claimed medical experts may be required to evaluate the claimant's health and determine any causal connections between the condition and the source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of specialists. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.

Experts are there to offer unbiased technical assistance, regardless of whether they are representing the prosecution or the defense. He is not expected to assume the role of advocate and should not try to influence or convince the jury in favour of his client. He should not attempt to convince jurors or make an argument.

The expert should co-operate with other experts in trying to resolve any technical issues at an early stage and eliminate any irrelevant matters. The expert should also work with the people who instruct him to determine areas of agreement and disagreement for the joint statement of the expert as ordered by the court.

The expert should, at the end of his examination chief, discuss his conclusions and the reasoning behind the conclusions in a manner that is easy to understand and clear. He is expected to be able to respond questions from the prosecution or the judge and should be prepared to address any issues that are raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can manage and counsel regional and national defense counsel, as well as local, regional and expert witnesses and experts. Our team regularly appears before coordinating judges, trial judges, and special masters in asbestos litigation across the nation.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and the appearance of symptoms experts are a crucial part in any case that involves an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that can span decades and connect hundreds or asbestoslitigation even dozens of defendants. This is why it is almost impossible for a plaintiff to establish their case without the help of experts.

Experts in the field of medicine and other science are needed to evaluate the extent of a person's exposure and their medical condition, as well as to provide insight into future health issues. These experts are crucial to any case and should be thoroughly vetted and knowledgeable about the relevant field. The more experience an scientist or doctor has the more persuasive they is.

Asbestos cases typically require a medical or scientific expert to review the medical records of the plaintiff and conduct a physical examination. These experts can testify as to whether the claimant's exposure asbestos was enough to cause a specific medical condition like mesothelioma or lung cancer, or other forms of scarring in the lungs and respiratory tract (e.g., pleural plaques).

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

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

Other experts that could be involved in these cases include occupational and environmental specialists. They can provide information into the safety procedures that are in place at a specific workplace or business and how they connect to asbestos manufacturers' liability. For instance, they can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers release and become inhaled.