Asbestos Litigation Defense

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

Asbestos cases are distinct and require a determined approach to achieve successful results. We are regional, local, and national counsel.

Statute of limitations

The statute of limitations is a period within which most lawsuits must be filed. In asbestos attorneys cases the deadline for filing an action is between one and six years after the victim is diagnosed with an asbestos-related condition. It is crucial for the defense to prove that the alleged injury occurred after the deadline. Often, this means reviewing the entirety of the plaintiff's employment background, including interviews with former coworkers and the careful examination of Social Security, union, tax and other records.

The process of defending an asbestos case involves many complicated issues. For example, asbestos victims typically develop a less serious illness like asbestosis prior to being diagnosed with a fatal disease like mesothelioma. In these situations, a lawyer for defense will argue that the statute of limitations should start when the victim knew or reasonably ought to have known that their exposure to asbestos triggered the disease.

These cases are complicated because the statute of limitations may differ from state to state. In these cases, a seasoned lawyer for mesothelioma will try to file the case in the state in which the majority of the exposure alleged to have taken place. This could be a challenging task since asbestos attorneys sufferers often moved across the country in search of employment, and the alleged exposure may have taken place in several states.

Finally, the discovery process is a challenge in asbestos litigation. Contrary to other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation typically involves a number of defendants. It is often difficult to obtain an accurate discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and connects multiple defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with regional and local counsel to devise strategies for litigation and manage local counsel and achieve consistent and cost-effective results while coordinating with the goals of our clients. We regularly appear before coordination and trial judges, as well as special masters of litigation across the country.

Bare Metal Defense

In the past, makers of turbines, boilers, pumps and valves have defended themselves against asbestos lawsuits using the "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injury caused by replacement parts they did not design or manufacture.

In the case Devries v. Tennessee Eastman Chemical, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment defendants). He claimed asbestos lawyer was ingested during his time at the plant and was diagnosed with mesothelioma several years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos attorney litigation. It 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 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 was the first time that a federal appellate court applied the bare-metal defense in an asbestos case, and it's a significant deviation from the standard law regarding product liability. The majority of courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn about harms caused by replacement parts it did't manufacture or sale.

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 local and regional counsel and provide an efficient, cost-effective defense in line with their goals. Our lawyers also speak at industry conferences about key issues affecting asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has been successful in cutting down on our clients' exposure and legal costs.

Expert Witnesses

An expert witness is one who is specialized in his skills, knowledge or experience and provides independent assistance to the court in the form of an impartial opinion on matters of his field of expertise. He should be able to clearly express his opinions and the evidence or assumptions he's basing it on. He should also not overlook any aspect that could influence his conclusions.

In the event that asbestos exposure is alleged, medical experts may be required to evaluate the claimant's condition and identify any causal link between the condition and the source of exposure. A lot of the diseases associated with asbestos are very complex, and require the expertise of experts in the field. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.

Experts are there to offer unbiased technical assistance, regardless of whether they represent 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 to support his client. He should not try to convince jurors or promote an argument.

The expert should work with other experts to eliminate any peripheral issues and reduce any technical issues. The expert should also cooperate with those instructing him in identifying areas of agreement and disagreement to serve the purpose of the joint declaration of experts ordered by the court.

The expert should at the conclusion of his examination, present his conclusions as well as the reasons for the conclusions in a manner that is clear and easy to comprehend. He should be prepared to answer questions posed by the judge or the prosecution, and be able to address all points that were 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 regional and national defense counsel and local and regional experts and witnesses. Our team regularly appears before judges who are coordinating asbestos litigation across the nation and also before trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases that involve asbestos-related injuries because of the latency between exposure to asbestos and the onset symptoms. Asbestos cases typically involve complicated theories of injuries that stretch for decades and connect dozens or hundreds of defendants. Due to this, it is nearly impossible for a plaintiff to establish their case without the help of experts.

Medical and other scientific experts are required to determine the extent of a claimant's exposure, evaluate their medical conditions and offer insight into possible health issues that could arise in the future. These experts are crucial to any case, and they must be thoroughly examined and educated about the subject. The more experience an expert in science or medicine has the more convincing he will be.

Asbestos cases typically require an expert from a medical or scientific field to examine the medical records of the plaintiff and conduct a physical examination. Experts can testify to whether exposure to asbestos was sufficient to cause an illness that is specific to him, like mesothelioma, lung cancer, or other forms of scarring that affects the lungs and respiratory tract (e.g., pleural plaques).

It could be necessary to seek out other experts, such as industrial hygienists to determine if there is asbestos exposure levels. They can use advanced analytical and sampling methods to evaluate the asbestos concentrations in the air in a home or workplace with the standards for exposure that are legally required.

These experts can be valuable in defending companies who produce or distribute asbestos-related goods. They are often capable of proving that plaintiffs' exposure levels were below the legal limits and that there was no evidence of negligence by the employer or product manufacturer responsibility.

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 workplace or company and how they relate to the liability of asbestos lawyers manufacturers. For instance, they can establish that renovation materials damaged during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers release and become inhaled.