Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough analysis of a plaintiff's history of work and medical records, as well as testimony. We typically employ a naked metal defense that focuses on arguing your company didn't manufacture, sell, or distribute asbestos-containing products at issue in the claimant's lawsuit.

Asbestos cases are special and require an aggressive strategy to achieve success. We are local, regional and national counsel.

Statute of Limitations

The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is anywhere between one and 6 years after a person is diagnosed with an latest asbestos litigation-related illness. It is essential for the defense to prove that the injury occurred within the timeframe. Often, this requires conducting a thorough review of the plaintiff's past work background, including interviews with former coworkers as well as the careful review of Social Security, union, tax and other documents.

In defending an asbestos law & litigation-related case, there are a number of complex issues. Asbestos sufferers may develop a less severe illness, such asbestosis, before they are diagnosed with a fatal condition like mesothelioma. In these instances, a lawyer for defense will argue that the limitation period should begin when the person who suffers from asbestos knew or reasonably ought to have realized that their exposure to asbestos caused the disease.

These cases are made more complex by the fact the statute of limitations can vary from state to state. In these cases an experienced mesothelioma lawyer will try to bring the case in the state where most of the exposure alleged occurred. This is a difficult task as asbestos sufferers often move around the country in search of jobs, and the alleged exposure could have occurred in multiple states.

The process of establishing the facts isn't always easy 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 many people involved. This means it can be difficult to get relevant evidence in these cases, especially when the plaintiff's claim of injuries spans decades and connects several different 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 local and regional counsel to develop litigation strategies and manage local counsel and ensure efficient and consistent results in coordination with the client's goals. We regularly appear before coordination and trial judges, as well as litigation special masters, in jurisdictions across the country.

Bare Metal Defense

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

In the case of Devries, an employee at a Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment such as valves, pumps and steam traps (Equipment Defendants). He claimed that he was exposed to asbestos when working at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has altered the nature of asbestos litigation, and could influence the way that the courts in other jurisdictions deal with the issue of third-party parts that manufacturers add to equipment. The Court said that this use of the bare metal defense is "cabined" in maritime law but left open the possibility that other federal circuits to apply this doctrine to cases that are not maritime.

This was the first time a federal appellate court ruled on the bare-metal defense in a case involving asbestos, and it's a significant deviation from the standard law regarding product liability. The majority of courts have understood "bare metal" as a denial of the obligation of a maker to warn about harms caused by replacement parts it 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 clients develop strategies for litigation, oversee local and regional counsel, and achieve consistent, cost-effective defense that aligns with their goals. Our attorneys also speak at conferences for industry professionals on the key issues affecting asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating with coordinating judges and trial courts, as well as special masters. Our unique strategy has proven successful in decreasing our clients' risk and legal costs.

Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They provide independent assistance to a judge by providing an unbiased opinion on issues within their expertise. He must be able to clearly articulate the facts or assumptions on the basis of his opinion and should not be oblivious to look into matters that could detract from his concluded conclusions.

In the event that asbestos exposure is alleged medical experts may be required to help evaluate the claimant's condition and to determine any causal links between the condition and the identified source of exposure. A lot of the diseases associated with asbestos are very complex, requiring the expertise of specialists in the field. This can include doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.

Experts are available to provide an impartial technical support, whether they are representing the prosecution or the defence. He should not assume the position as an advocate, nor Asbestos Litigation Defense should he seek to influence or convince the jury in favour of his client. He should not try to convince the jury or make an argument.

The expert should collaborate with other experts to eliminate any peripheral issues and narrow down 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 statement of experts ordered by the court.

After his main examination the expert must be able to explain his findings and the reasoning behind them in a clear and understandable way. He should be prepared to answer questions from the prosecution or judge and be prepared to address any points which are raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys can manage and counsel national and regional defense counsel as along with local regional, expert witnesses and experts. Our team is regularly in front of trial judges, coordinating 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 play an extremely important role in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that stretch for decades and involve hundreds or dozens of defendants. It is nearly impossible for an individual to prove their case without the help of experts.

Medical and other scientific experts are necessary to assess the extent of an individual's exposure, assess their medical conditions and offer insight into the possibility of future health issues. These experts are crucial to any case, and they must be thoroughly examined and knowledgeable in the field they are working in. The more experience the medical or scientific expert has the more convincing they will be.

In many latest asbestos litigation cases, a medical expert or scientist is required to review the claimant's records and perform a physical exam. These experts can testify as 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 on the lungs and respiratory tract (e.g. the pleural plaques).

Other experts, such as industrial hygienists may be required to aid in establishing asbestos-related exposure levels. They can employ advanced sampling and analytical methods to evaluate airborne asbestos levels in a workplace or home and compare these levels to legal exposure standards.

These experts can be extremely useful in defending companies that produced or distributed asbestos litigation group-related goods as they often have the capability of proving that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence by the employer or manufacturer responsibility.

Other experts that could be involved in these instances are occupational and environmental specialists. They can provide insight into the safety procedures that are in place at a specific work site or company and how they relate to the liability of asbestos producers. These experts could be able to, for instance, prove that the materials used in a remodel project may contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to release.