Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough analysis of the plaintiff's employment history, medical records and testimony. We typically use a bare metal defense, which focuses on proving that your company didn't manufacture, sell, or distribute asbestos-containing products that are that are the subject of the claimant's lawsuit.

asbestos litigation cases cases require a unique approach and a determined strategy to achieve success. We serve 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 what is asbestos litigation anywhere between one and 6 years after a person is diagnosed with an asbestos-related disease. For the defense it is crucial to prove that the claimed injury or death did not occur within this deadline. Often, this means reviewing the entirety of the plaintiff's work history, which includes interviews with former colleagues and the careful review of Social Security, union, tax and other documents.

Defending an asbestos case involves a number of complex issues. For instance, asbestos victims are more likely to suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these instances the defense attorney will argue the time limit should be set when the victim realized or ought to have known that asbestos exposure caused their illness.

The difficulty of these cases what is asbestos litigation also exacerbated by the fact that the statute of limitations can differ between states. In these instances an experienced lawyer for mesothelioma will try to present the case in the state in which the majority of the alleged exposure took place. This can be a daunting job, since asbestos victims frequently travel across the country in search of work and the alleged exposure could have occurred in a variety of states.

In addition, the process of discovery is a challenge in asbestos litigation. Contrary to other types of personal injury cases, which often contain only a few defendants, asbestos-related litigation typically involves dozens or more parties. It can be difficult to get significant discovery when there are many defendants and the plaintiff's claim is spanning decades.

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 regional and local counsel to develop a strategy for litigation as well as manage local counsel and obtain consistent, cost-effective outcomes, in coordination with client objectives. We frequently appear in front of coordinating and trial judge, as well as litigation masters, across the country.

Bare Metal Defense

In the past, manufacturers of boiler, turbine and pump and valve equipment have defended themselves in asbestos litigation by claiming the defense referred to as the "bare metal" or component part doctrine. This defense states that a company is not responsible for asbestos-related injuries resulting from replacement parts that they did not install or manufacture.

In the case Devries, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets for equipment like pumps, valves and steam traps (Equipment Defendants). He claimed asbestos exposure occurred during his time at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation, and could impact the way courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said that this use of the bare-metal defense is "cabined" in maritime law, but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time a federal appellate court used 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 understood "bare metal" as a denial of the obligation of a manufacturer to inform about the dangers posed by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We assist our clients in developing strategies for litigation, manage local and regional counsel, and achieve consistent, cost-effective defense that is in line with their objectives. Our lawyers speak at industry conferences on important issues that affect asbestos litigation. Our firm's experience includes representing clients in every state and working closely with coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

A person who has specialized expertise, skills or experience can be an expert witness. They offer independent assistance to a court by providing an unbiased opinion on matters that are within their area of expertise. He should clearly state the facts or assumptions on the basis of his opinion and must not fail 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 evaluate the claimant's condition and to determine any causal link between the condition and the alleged source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of experts. This includes nurses and doctors pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists and pharmacists.

Whether it is the defense or prosecution the role of an expert is to provide impartial technical assistance. He is not expected to assume the role of advocate, nor should he seek to influence or convince a jury to favor his client. He should not try to convince jurors or promote an argument.

The expert should co-operate with other experts in attempting to reduce any technical issues at a very early stage and eliminate any peripheral matters. The expert should also co-operate with the experts who instruct him in identifying areas of agreement and disagreement for the purpose of the joint declaration of experts ordered by the court.

The expert should at the conclusion of his examination chief, asbestos litigation defense discuss his conclusions as well as the reasoning behind the conclusions in a manner that is clear and easy to comprehend. He should be able to answer any questions from the judge or prosecution and be willing to answer all questions that were raised during cross-examination.

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

Medical Experts

Expert witnesses are crucial in cases which involve asbestos-related injuries due the delay between exposure to asbestos and the onset symptoms. Asbestos cases usually involve complicated theories of injuries that span decades and connect dozens or hundreds of defendants. It is almost impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientific experts are necessary to assess the extent of a person's exposure, assess their medical conditions and offer insight into possible health issues that could arise in the future. These experts are crucial in any case and should be thoroughly checked and knowledgeable of the subject matter. The more experience an expert in science or medicine has the more persuasive the expert will be.

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

Other experts such as industrial hygienists might also be needed to assist in determining the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to determine the amount of asbestos in the air in a home or workplace and compare these to legal exposure standards.

Experts of this kind can be extremely useful when defending companies who manufactured or distributed asbestos-related products as they often have the capability of demonstrating that the levels of exposure of plaintiffs were within the legal limit and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts who could be involved in these cases include occupational and environmental experts. They can provide insight into the safety procedures that are in place at a specific work site or company, and how they connect to asbestos manufacturers' liability. For example, these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers release and become inhaled.