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Asbestos Litigation Defense

In order to defend businesses against asbestos litigation in the future, it is essential to look into the plaintiff's medical records, work history and testimony. We typically employ a naked metal defense, which focuses on proving that your company didn't manufacture, sell, or distribute asbestos-containing products that are the subject of the claimant's lawsuit.

Asbestos cases require a distinctive approach and a tenacious strategy to achieve success. We are local, regional and national counsel.

Statute of Limitations

Most lawsuits must be filed within a specified timeframe, referred to as the statute of limitations. For asbestos-related cases, this means that the legal deadline for filing is between one and six years after a victim becomes diagnosed with an asbestos-related disease. For the defense it is essential to establish that the alleged injury or death did occur prior to the timeframe. Often, this requires an exhaustive review of the plaintiff's work history, including interviews with former coworkers as well as the careful review of Social Security, union, tax and other records.

Defending an asbestos case involves several complex issues. Asbestos sufferers may develop a less severe disease, such as asbestosis, before being diagnosed with a fatal illness like mesothelioma. In these cases the defense attorney will argue the statute of limitation should begin when the victim was aware or should have reasonably believed that exposure to asbestos lawsuit causes their disease.

These cases are made more complex by the fact the statute of limitations may vary from state to state. In these instances, an experienced mesothelioma lawyer may try to present the case in the state in which the majority of the alleged exposure took place. This could be a challenging task as asbestos lawsuit patients frequently moved around the country to obtain jobs, and the claimed exposure could have occurred in several states.

In addition, the process of discovery is difficult in asbestos litigation. Contrary to other personal injury cases, which often have only a handful of defendants, asbestos-related litigation usually involves dozens or more parties. It is often difficult to obtain relevant information when there are multiple defendants and the plaintiff's theory stretches over decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with regional and local counsel to develop litigation strategies and manage local counsel and produce efficient and consistent results in coordination with the goals of our clients. We regularly appear before the trial judge and coordinating judge, as and litigation masters across the country.

Bare Metal Defense

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

In the case of Devries, a worker at an Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets on equipment like pumps, valves and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation. It may impact how courts in other jurisdictions handle the issue of the liability of third-party components that are added to equipment by manufacturers. The Court said that this use 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 was the first time a federal appeals court applied the bare-metal defense in an asbestos lawsuit - https://wu-danielsen-5.federatedjournals.com/asbestos-claims-average-payout-tools-to-ease-your-daily-lifethe-one-asbestos-claims-average-payout-technique-every-Person-needs-to-learn/ -, and represents an important departure from the traditional product liability law. Most courts have interpreted "bare metal" as a rejection of the responsibility of a manufacturer to warn about harms caused by replacement parts it did not manufacture or sale.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our clients develop strategies for litigation, oversee local and regional counsel, and ensure a an effective, cost-effective and consistent defense that is in line with their goals. Our lawyers are invited to present at industry conferences on major issues that affect asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique approach has proven successful in reducing legal spend for our clients.

Expert Witnesses

A person who has specialized expertise, skills or experience can be an expert witness. They offer independent assistance to a court by offering an impartial opinion on matters that are within their area of expertise. He must clearly state the facts or assumptions upon the basis of his opinion and should not omit to consider matters which could affect his opinions.

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

In the event of a prosecution or defence the expert's job is to provide impartial technical assistance. He is not expected to assume the role as an advocate and should not try to influence or convince a jury to support his client. The obligation to the court overrides the obligations he has to his client. He should not attempt to support an argument or locate evidence to support it.

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

After his examination in chief the expert must present his conclusions and the reasons for them in a clear and easy-to-understand way. He must be able to answer questions from the prosecution or the judge and be prepared to address any issues that are 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 counsel and manage regional and national defense counsel, as well as local and regional experts and witnesses. Our team is regularly in front of the asbestos litigation judges who coordinate across the nation, as well as trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and appearance of symptoms experts play an extremely important role in any case involving an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that span decades and involve hundreds or even dozens of defendants. It is almost impossible for a plaintiff to prove their case without the assistance of experts.

Experts in the fields of medicine and other sciences are required to assess the extent of an individual's exposure and their medical condition, as well as to provide insight into future health concerns. Experts like these are essential to any case and must be thoroughly examined and educated in the relevant field. The more experience an scientist or doctor has, the more persuasive the expert will be.

In a majority of asbestos cases, a medical expert or scientist is required to look over the records of the claimant and conduct a physical exam. Experts can testify to whether exposure to asbestos was sufficient to cause a particular medical condition like mesothelioma or lung cancer, or other forms of scarring in the lungs and respiratory tract (e.g. the pleural plaques).

It may be necessary to seek out other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can use 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.

These experts can be very valuable in defending companies who produce or distribute asbestos-related products. They are often capable of proving that plaintiffs' exposure levels were not in the range of legal limits and that there was no evidence of negligence by the employer or product manufacturer responsibility.

Other experts who may be involved in these cases are environmental and occupational specialists. They can provide information into the safety procedures which are in place at a particular workplace or business and how they connect to the liability of asbestos producers. These experts could determine, for instance, that renovation materials disturbed in the course of a remodel could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to release.