Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits, it is necessary to look into the medical records of the plaintiff as well as their work history and testimony. We often use the bare metal defense, Asbestos Litigation Defense which is based on the argument that your company did not make or sell the asbestos-containing products that are at issue in the claimant's case.

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

Statute of limitations

The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases, this means that the deadline for filing a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related condition. For the defense it is essential to establish that the alleged injury or death did not occur within this deadline. This typically requires a thorough examination and analysis of the plaintiff's work history, including interviews of former coworkers, as well as an in-depth examination of Social Security and union records and tax and tax records.

In defending asbestos cases, there are many complicated issues. Asbestos victims may develop a less severe illness, such as asbestosis, prior to being diagnosed with a fatal disease such as mesothelioma. In these cases, the defense attorney will argue that the statute of limitation should begin when the victim realized or ought to have known that exposure to asbestos causes their illness.

These cases are complicated by the fact the statute of limitations could vary from state to state. In these instances, an experienced lawyer for mesothelioma will try to bring the case to a state where the majority of the exposure alleged to have taken place. This is a difficult task, as asbestos litigation online victims frequently travel across the country looking for work and the alleged exposure could have occurred in a variety of states.

Finally, the discovery process is a challenge in asbestos litigation. In contrast to other types of personal injury cases, which often involve only a few defendants, asbestos-related litigation usually includes dozens or more defendants. This means it can be difficult to get an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and involves multiple defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience 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, manage local counsel, and achieve efficient and consistent results that align with the client's goals. We regularly appear before coordination and trial judges as well as special masters of litigation, in jurisdictions across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines pumps and valves have defended themselves from asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a company cannot be held responsible for asbestos-related injuries caused by replacement components that the company didn't design or install.

In the case of Devries, a worker at a Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation 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 several years later.

The Supreme Court's Devries decision has altered the landscape of asbestos litigation and could affect the way that courts in other jurisdictions approach the issue of third-party components that manufacturers add to equipment. The Court stated that the application of the bare metal defense in this instance is "cabined" to maritime law, but left open the possibility that other federal circuits might apply this principle to non-maritime cases also.

This was the first time a federal appellate court ruled on the"bare-metal" defense in a case involving asbestos and it is a significant deviation from the standard product liability laws. The majority of courts have interpreted the "bare metal" defense as rejecting the obligation of a manufacturer to warn about harm caused by replacement parts that they did not make or sell.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We help our clients develop strategies for litigation, manage regional and local counsel, and provide an effective, cost-effective and consistent defense that is in line with their goals. Our attorneys also speak at industry conferences on major issues shaping asbestos litigation. Our firm's experience includes representing clients in every state and working closely with the coordinating judges and trial courts as well as litigation special masters. Our unique approach has been successful in decreasing our clients' risk and legal costs.

Expert Witnesses

A person with specific knowledge, skills or experience is an expert witness. They provide independent assistance to courts by providing an unbiased opinion on issues within their field of expertise. He must clearly state his opinion and the evidence or assumptions he's basing it on. He should not overlook any aspects that might affect his conclusions.

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

Experts are available to provide impartial technical assistance, whether they are representing the prosecution or the defense. He should not act as an advocate or Asbestos Litigation Defense attempt to influence the jury in favor of his client. He should not attempt to convince the jury or make an argument.

The expert should collaborate with the other experts to resolve any peripheral issues and reduce any technical issues. The expert should also collaborate with those 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 conclusion of his examination chief, discuss his conclusions as well as the reasons behind the conclusions in a manner that is clear and understandable. He must be able to answer questions from the prosecution or the judge and be prepared to address any issues that are raised on cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to assist and manage regional and national defense counsel, as well as regional and local experts as well as witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country and also before trial judges and special Masters.

Medical Experts

Expert witnesses are vital in cases involving asbestos-related injuries due to the delay between exposure to asbestos and the beginning symptoms. Asbestos cases frequently involve complex theories of injury that span decades and asbestos class Action Litigation involve hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the help of experts.

Experts in the fields of medicine and other sciences are required to determine the extent of an individual's exposure and medical condition as well as give insight into the future health issues. Experts like these are essential to any case, and should be thoroughly vetted and educated in the relevant field. The more experience an expert in medicine or science has, the more persuasive the expert will be.

In many asbestos cases, a medical expert or scientist is required to examine the claimant's records and perform a physical exam. These experts can testify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.

It could be necessary to seek out other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can use advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.

These experts can be very beneficial in defending companies that produce or distribute asbestos-related products. They are often capable of proving that the levels of exposure for plaintiffs were not in the range of legal limits, and that there was not evidence of negligence by the employer or manufacturer liability for the product.

Other experts who could be involved in these cases are occupational and environmental specialists. They can provide information into the safety protocols that are in place at a specific workplace or company, and how they are related to the liability of asbestos producers. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers to release and become inhaled.