Asbestos Litigation Defense

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

Asbestos cases are distinct and require an aggressive approach to achieve successful results. We serve as 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, that means the deadline for filing a lawsuit is between one and six years after a person becomes diagnosed with an asbestos-related disease. It is essential for the defense to prove that the alleged injury occurred after the deadline. Often, this requires an exhaustive review of the plaintiff's past work history, which includes interviews with former colleagues and the careful examination of Social Security, union, tax and other records.

In defending an asbestos defense litigation-related case, there are a number of complex issues. For instance, asbestos litigation wiki victims often suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue the time limit should be set when the victim was aware or should have reasonably believed that exposure to asbestos caused their illness.

These cases are made more complex due to the fact that the statute of limitations may vary from state to state. In these cases an experienced mesothelioma lawyer will try to bring the case in the state where the majority of the alleged exposure occurred. This could be a challenging task as asbestos patients frequently moved around the country in search of employment, and the alleged exposure may have taken place in multiple states.

The process of establishing the facts isn't always easy in asbestos litigation. Unlike other personal injury cases, which typically involve only a few defendants, asbestos-related litigation typically includes dozens or more defendants. It can be difficult to obtain relevant evidence in these cases, especially when the plaintiff's theory of injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with local and regional counsel to devise strategies for litigation and manage local counsel and ensure consistent and cost-effective results while coordinating with the client's goals. We regularly appear before the trial judge and coordinating judge, as and litigation masters across the country.

Bare Metal Defense

Historically, manufacturers of boilers, turbines and pump and valve equipment have successfully defended themselves against asbestos litigation by asserting an argument referred to as the "bare metal" or the component part doctrine. This defense argues that a manufacturer cannot be held liable for asbestos-related injuries resulting from replacement components that the company did not design or install.

In the case of Devries v. Devries, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps and gaskets from equipment, such as valves, pumps, and steam traps. He claimed that he was exposed to asbestos while 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. It could affect how courts in other jurisdictions address the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this case is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this doctrine to non-maritime cases as well.

This was the first time a federal appellate court used the bare-metal defense in a case involving asbestos and it is a significant departure for traditional product liability laws. 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't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our clients develop litigation strategies, manage regional and local counsel, and provide an efficient, cost-effective defense that is in line with their goals. Our lawyers are invited to present at industry conferences on major issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and working closely with coordinating judges and trial courts, as well as special masters. Our unique approach has proven to be successful in reducing legal costs for our clients.

Expert Witnesses

An expert witness is someone who is specialized in his skills, knowledge or experience and can provide independent advice to the court by way of unbiased opinion concerning issues that fall within his field of expertise. He should clearly state his opinion and the evidence or assumptions that he is basing it on. He should also not overlook any aspect that could influence his conclusions.

In cases involving allegations of exposure to asbestos, medical experts are often required to assist in the assessment of the claimant's condition and the determination of any connection between their condition and a known source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of experts. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.

Experts are there to provide unbiased technical assistance, regardless of whether they are representing the defense or the prosecution. Experts should not be an advocate or attempt to influence the jury in favor of his client. He should not try to convince jurors 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 co-operate with those instructing him in identifying areas of agreement and disagreement for the reason of the joint statement of experts commissioned by the court.

The expert must at the conclusion of his examination chief, discuss his conclusions and the reasons behind the conclusions in a manner that is clear and understandable. He must be able to answer questions from the prosecution or judge and should be willing to address any issues that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to manage and counsel national and regional defense counsel as along with local, regional and expert witnesses and experts. Our team regularly appears before coordinating judges, trial judges and special masters in asbestos litigation across the nation.

Medical Experts

Expert witnesses are crucial in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and beginning symptoms. Asbestos cases typically involve complicated theories of injuries that stretch for decades and involve dozens or hundreds of defendants. It is almost impossible for a claimant to prove their case without the help of experts.

Experts in the fields of medicine and other sciences are needed to evaluate the degree of exposure an individual has and medical condition, and also to give insight into the future health issues. These experts are vital to any case, and they must be thoroughly checked and knowledgeable about the subject. The more experience the medical or scientific expert has the more persuasive they'll be.

In many asbestos cases, an expert in medicine or a scientist is required to look over the records of the claimant as well as perform an examination. Experts can verify whether asbestos law and litigation exposure caused a specific medical condition, for example, Asbestos Litigation Defense mesothelioma or lung cancer.

Other experts such as industrial hygienists could also be needed to assist in establishing the existence of asbestos-related exposure levels. They can use advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a workplace or home and compare them to the legal exposure standards.

They can be useful in defending companies that manufacture or distribute asbestos-related products. They are usually capable of proving that the exposure levels of plaintiffs were not in the range of legal limits, and that there was not evidence of negligence by the employer or product manufacturer responsibility.

Other experts who could be involved in these instances are occupational and environmental experts. They can provide insight into the safety guidelines that exist at a particular workplace or business and how they connect to the liability of asbestos producers. For example, these experts can establish that renovation materials damaged during a remodel are more likely to contain asbestos, or that shaking out contaminated clothing could cause asbestos fibers to release and be inhaled.