Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's history of work as well as medical records and evidence. We often employ the bare metal defense, which focuses on arguing that your company was not able to manufacture or sell the asbestos-containing products at issue in a claimant's case.

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

Statute of Limitations

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

In defending asbestos cases, there are many complicated issues. Asbestos victims may suffer from a less severe illness, such asbestosis, prior to being diagnosed with a fatal disease like mesothelioma. In these cases the attorney representing the defense will argue that the statute of limitation should begin when the victim knew or should have reasonably known that asbestos exposure caused their disease.

These cases are complicated because the statute of limitations could vary from state to state. In these cases an experienced mesothelioma lawyer will attempt to bring the case to the state in which the majority of the alleged exposure took place. This can be a challenging task as asbestos lawyer patients frequently moved around the country to find work, and the alleged exposure could have occurred in several states.

The process of discovery isn't always easy in asbestos litigation. asbestos attorney litigation is more difficult than other personal injury cases. Rather than a few defendants in the majority of cases, there are usually several people involved. It can be difficult to obtain relevant discovery when there are multiple defendants, and the plaintiff's case is spanning decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to develop litigation strategies, manage local counsel, and achieve efficient and consistent results in coordination with the client's 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, makers of turbines, boilers, valves and pumps have defended themselves from asbestos lawsuits by arguing what is known as "bare metal" doctrine or the component part doctrine. This defense states that a company cannot be held liable for asbestos-related injuries caused by replacement components that the company did not design or install.

In the case of Devries, a worker at a Tennessee Eastman chemical plant sued several equipment manufacturers to treat 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 that he was exposed to asbestos attorney when working at the plant and was diagnosed with mesothelioma several years later.

The Supreme Court's decision in Devries has altered the face of asbestos litigation. It may impact how courts in other jurisdictions address the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said that the application of the bare metal defense in this context is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits could apply this principle to non-maritime cases, as well.

This was the first time an appeals court of the federal level has applied the bare-metal defense in an asbestos lawsuit (click here to read), and represents quite a departure from the norms of product liability law. Most courts have interpreted this "bare metal" defense as a way of avoiding the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts they did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, oversee local and regional counsel and achieve an efficient, cost-effective defense in coordination with their objectives. Our lawyers participate in industry conferences on major issues that affect asbestos litigation. Our firm's experience includes representing clients in every state and collaborating with the coordinating judges and trial courts as well as litigation special masters. Our unique method has proven effective in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is one who is specialized in his expertise, knowledge or experience and can provide independent advice to the court in the form of an objective opinion regarding matters of his area of expertise. He should clearly state his views and the facts or assumptions that he is basing it on. He should not overlook any aspects that could influence his conclusions.

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

In the event of a defense or prosecution the role of an expert 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 jurors or promote an argument.

The expert should work with other experts to address any peripheral issues and narrow down any technical issues. The expert should also collaborate with the people who instruct him to identify areas of agreement and disagreement for the joint declaration of expert ordered by the court.

The expert must, at the end of his examination chief, discuss his conclusions as well as the reasons for them in a manner that is easy to understand and clear. He should be prepared to answer any questions from the judge or the prosecution, and be willing to address all points raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can assist and advise regional and national defense counsel as well as local, regional and expert witnesses and experts. Our team regularly appears before trial judges, coordinating judges, and special masters of asbestos litigation throughout the country.

Medical Experts

Expert witnesses are extremely important in cases involving asbestos-related injuries due to the latency between exposure to asbestos and the onset symptoms. Asbestos cases frequently involve complex theories of injury that can span decades and involve hundreds or even dozens of defendants. Because of this, it is nearly impossible for a plaintiff to establish their case without the help of experts.

Medical and other scientists are necessary to assess the extent of a claimant's exposure, assess their medical conditions, and provide insight into the possibility of future health issues. Experts like these are essential to any case, and they must be thoroughly checked and knowledgeable in the field they are working in. The more experience an expert in science or medicine has, the more persuasive they will be.

Asbestos cases usually require an expert in science or medicine to analyze the medical records of the plaintiff and conduct a physical examination. These experts can testify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.

It is possible to consult other experts, like industrial hygienists to determine if there is asbestos exposure levels. They can use advanced analytical and sampling techniques to determine the amount of asbestos attorney in the air at the workplace or at home to the legal exposure standards.

These experts can be valuable in defending companies who manufacture or distribute asbestos lawyer-related products. They are usually capable of proving that the levels of exposure for plaintiffs were not in the range of legal limits and that there was no evidence of negligence on the part of the employer or product manufacturer responsibility.

Other experts who could be involved in these instances are occupational and environmental experts. They can provide information into the safety protocols which are in place at a particular workplace or company, and how they relate to asbestos manufacturers' liability. These experts could be able to, for instance, prove that the materials used in the course of remodeling could contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to be released.