asbestos law and litigation Litigation Defense

In order to defend companies against asbestos litigation and claims, it is essential to review the plaintiff's medical records, work history and testimony. We typically employ a naked metal defense that focuses on arguing your company didn't manufacture or sell the products containing asbestos in the plaintiff's lawsuit.

Asbestos cases are unique and require an aggressive strategy to achieve success. 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 cases, the deadline for filing a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related disease. To defend it is crucial to prove that the alleged injury or death did not occur prior to the timeframe. This typically requires a thorough review and examination of the plaintiff's employment history, which includes interviews with former coworkers, and a careful review of Social Security and union records, as well as tax, tax, and other documents.

The process of defending an asbestos case involves a number of complex issues. Asbestos sufferers may suffer from a less severe illness, such asbestosis, before they are diagnosed with a fatal illness such as mesothelioma. In these cases, the defense attorney will argue that the statute of limitation should begin when the victim realized or should have reasonably known that exposure to asbestos caused their illness.

These cases are complicated because the statute of limitations can vary from state to state. In these cases, an experienced mesothelioma lawyer will attempt to start the case in the state where the bulk of the alleged exposure occurred. This can be a challenging job, Asbestos Litigation since asbestos victims frequently travel across the country to find work, and the exposure could have occurred in multiple states.

The discovery process isn't always easy in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are often several parties involved. This means it can be hard to find a relevant evidence in these cases, especially when the plaintiff's theory of injuries spans decades and binds 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 collaborate closely with local and regional counsel to develop litigation strategies and manage local counsel and achieve consistent and cost-effective results that align with the goals of our clients. We frequently appear in front of the trial judge and the coordinating judge as and litigation masters across the nation.

Bare Metal Defense

Historically, manufacturers of boiler, turbine and pump equipment have defended themselves in asbestos law & litigation litigation by asserting a defense known as the "bare metal" or component part doctrine. This defense states that a company cannot be held responsible for asbestos-related injuries resulting from replacement components that the company did not make or install.

In the case Devries v. Devries, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's job 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 litigation online when working in the plant and was diagnosed with mesothelioma a few years afterward.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and may impact how courts in other jurisdictions handle 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 was "cabined" in maritime law but left open the possibility that other federal circuits to apply this doctrine to cases that aren't maritime.

This ruling was the first time a federal appeals court has applied the bare metal defense in a asbestos lawsuit and is an important departure from the traditional product liability law. Most courts have interpreted this "bare metal" defense as a way of avoiding the obligation of a company to warn consumers about the harm caused by replacement parts that they did not make 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 help our client develop litigation strategies, manage local and regional counsel and provide an effective, cost-effective and consistent defense in accordance with their goals. Our attorneys present at conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique approach has proven to be successful in reducing exposure and legal spend for our clients.

Expert Witnesses

An expert witness is a person who is specialized in his expertise, knowledge or experience and offers independent assistance to the court with the aid of an impartial opinion on matters within his area of expertise. He must be able to clearly articulate the facts or assumptions upon which his opinions are based and must not fail to consider matters which might affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often called upon to assist in the evaluation of the claimant's illness and the determination of any causal link between their condition and a known source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of specialists. This can include nurses and doctors, pharmacists, toxicologists or epidemiologists, occupational health specialists and pharmacists.

In the event of a defense or prosecution the role of an expert is to provide objective technical assistance. He should not serve as an advocate or try to influence the jury in favor of his client. The obligation to the court overrides his obligations to his client and he should not attempt to support an argument or locate evidence to back it.

The expert should co-operate with the other experts when trying to narrow any technical issues at an early stage and eliminate any irrelevant issues. The expert should also co-operate with those instructing him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint statement of experts commissioned by the court.

After completing his main examination the expert should be able to present his conclusions and the reasoning behind them in a clear and understandable manner. He is expected to be able to respond questions from the prosecution or the judge and should be prepared to address any points which are raised during cross-examination.

Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers are able to advise and manage regional and national defense counsel as well as local and regional experts and witnesses. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation throughout the country.

Medical Experts

Due to the latency issues that occur 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 usually involve complicated theories of injuries that stretch for decades and involve hundreds or even dozens of defendants. This is why it is almost impossible for a plaintiff to prove their case without the assistance of experts.

Experts in the field of medicine and other science are required to assess the extent of an individual's exposure and medical condition and also to provide insight into future health concerns. These experts are vital to any case and asbestos litigation must be thoroughly examined and educated about the subject. The more experience the medical or scientific expert has the more convincing they will be.

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

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

These experts can be useful in defending companies that produce or distribute asbestos litigation paralegal-related products. They are often capable of proving that the exposure levels of plaintiffs were lower than the limits set by law and that there was not evidence of employer negligence or the responsibility of the manufacturer of the product.

Other experts involved in these cases include environmental and occupational specialists who can provide insight on the safety protocols at a given workplace or business and how these protocols are related to the liability of asbestos manufacturers. For instance, they 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 to release and then be inhaled.