Asbestos Litigation Defense

Protecting companies from asbestos law & litigation litigation requires a thorough review of a plaintiff's work history as well as medical records and evidence. We often use a bare metal defense that focuses on the fact that your company didn't make or sell the products containing asbestos that are the subject of the claimant's lawsuit.

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

Statute of limitations

The statute of limitations is a period within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is anywhere between one and six years after a person is diagnosed with an asbestos-related disease. It is important for the defense to prove that the injury occurred within the timeframe. In most cases, this involves reviewing the entirety of the plaintiff's work history, which includes interviews with former coworkers and the careful examination of Social Security, union, tax and other documents.

Defending asbestos cases involves a variety of complex issues. For example, latest asbestos litigation victims typically develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these instances, a defense attorney will argue that the limitation period should begin when the victim was aware 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 could vary from state to state. In these cases an experienced lawyer for asbestoslitigationgroup mesothelioma will try to bring the case to the state where the bulk of the exposure is believed to have taken place. This can be a daunting task, as asbestos victims typically travel around the country in search of work, and the exposure could have occurred in multiple states.

Finally, the discovery process is difficult in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of a handful of defendants as in most cases, asbestoslitigationgroup there are usually several parties involved. It can be difficult to get significant discovery when there are many defendants, and the plaintiff's case stretches over decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to develop litigation strategies, Asbestoslitigationgroup manage local counsel, and ensure consistently cost-effective results while coordinating with the client's goals. We regularly appear before coordination and trial judges and litigation special masters, across the nation.

Bare Metal Defense

In the past, manufacturers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits by asserting what is known as "bare metal" doctrine or component part doctrine. This defense asserts that a manufacturer is not liable for asbestos-related injuries caused by replacement parts they did not design or manufacture.

In the case Devries, a 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 like valves, pumps and steam traps (Equipment Defendants). He claimed he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's decision in Devries has altered the face of asbestos litigation, and could affect how courts in other jurisdictions handle 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 case is "cabined" to maritime law however, it left open the possibility that other federal circuits might apply this doctrine to cases that are not maritime as well.

This was the first time a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and is a significant departure from traditional product liability law. Most courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a manufacturer to warn consumers about the harm caused by replacement parts that they did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, manage regional and local counsel, and ensure a consistent, cost-effective defence in line with their goals. Our attorneys also present at conferences for industry professionals on the important issues that influence asbestos litigation. Our firm's experience includes representing clients in every state and working closely with coordinating judges and trial courts, as well as special masters. Our unique approach has been effective in decreasing our clients' risk and legal costs.

Expert Witnesses

A person with specialized knowledge, skills or experience can be an expert witness. They offer independent assistance to courts by offering an impartial opinion on matters that are within their expertise. He must clearly state his opinions and the evidence or assumptions he is basing it on. He should not overlook any aspects that might affect his conclusions.

In the event that asbestos exposure is alleged medical experts may be required to help evaluate the claimant's health and determine any causal connections between the condition and the alleged source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of experts. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.

Whether it is the defense or prosecution the role of an expert is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury to favor his client. The obligation to the court overrides his duties to his client. He should not attempt to promote an argument or seek evidence to back it.

The expert should collaborate with the other experts to address any peripheral issues and identify any technical issues. The expert should also work with the experts who instruct him in identifying areas of agreement and disagreement for the reason of the joint statement of experts commissioned by the court.

After completing his chief examination, the expert should present his conclusions and the reasoning behind them in a clear and easy-to-understand way. He is expected to be able to respond questions from the prosecution or the judge and should be willing to discuss any issues that are raised on cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to assist and advise national and regional defense counsel as along with local regional, expert witnesses and experts. Our team appears regularly before judges who are coordinating asbestos litigation across the country, as well as trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and the appearance of symptoms Expert witnesses are a crucial part in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injuries that can span decades and connect hundreds or even dozens of defendants. Due to this, it is nearly impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientists are necessary to assess the extent of an individual's exposure, evaluate their medical conditions, and provide insight into possible health issues that could arise in the future. These experts are crucial to any case, and they must be thoroughly checked and educated in the field they are working in. The more experience an expert in science or medicine has, the more persuasive the expert will be.

Asbestos cases usually require a medical or scientific expert to analyze the medical records of the claimant and conduct a physical examination. These experts can testify whether asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

It is possible to seek out other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can use advanced analytical and sampling methods to evaluate the asbestos concentrations in the air at the workplace or at home to the legal exposure standards.

They can be beneficial in defending companies that produce or distribute asbestos-related goods. They often are in a position to prove that the exposure levels of plaintiffs were below the legal limits, and that there was not evidence of employer negligence or product manufacturer responsibility.

Other experts in these cases include environmental and occupational experts who can provide insights into the quality of safety protocols at a specific workplace or company, and how such protocols are related to the liability of asbestos class action litigation manufacturers. They can, for example, establish 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.