Asbestos Litigation Defense

To defend companies against asbestos litigation and claims, it is essential to review the medical records of the plaintiff as well as their work history, and testimony. We often employ the bare metal defense, which focuses on arguing that your company did not make or sell the asbestos-containing products at issue in a claimant's case.

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

Statute of Limitations

The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related illness. It is important for the defense to show that the injury occurred within the timeframe. This typically requires a thorough examination and examination of the plaintiff's employment history, including interviews of former coworkers and a careful review of Social Security and union records and tax, tax, and other records.

Defending asbestos cases involves a variety of complex issues. Asbestos victims may develop a mild illness, such asbestosis, prior to being diagnosed with a fatal illness such as mesothelioma. In these instances, a lawyer for defense will argue that the statute of limitations should start when the victim knew or reasonably ought to have known that their exposure to asbestos caused the disease.

The difficulty of these cases is exacerbated by the fact that the statute of limitations can differ from state to state. In these instances an experienced mesothelioma lawyer will try to bring the case in the state where the bulk of the alleged exposure occurred. This is a difficult task as asbestos sufferers often move around the country looking for work, and the exposure could have occurred in several states.

In addition, the process of discovery is difficult in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are usually several parties involved. It can be difficult to obtain meaningful information when there are multiple defendants and the plaintiff's theory stretches over decades.

The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and produce efficient and consistent results that align with client goals. We regularly appear before coordinating and trial judges, asbestos Litigation defense as well as special masters of litigation across the country.

Bare Metal Defense

The past has seen manufacturers of boiler, turbine, pump and valve equipment have sought to defend themselves in asbestos litigation by asserting the defense referred to as the "bare metal" or component part doctrine. This defense argues that a manufacturer cannot be held liable for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries v. Devries, the Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed that asbestos litigation paralegal 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 may impact how courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court declared that the application of the bare metal defense is "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time that a federal appellate court ruled on the bare-metal defense in a case involving asbestos, and it's a significant departure from the traditional 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 in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing litigation strategies, manage regional and local counsel and ensure a consistent, cost-effective defense that is in line with their goals. Our lawyers are invited to participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique strategy has proven effective in reducing our clients' exposure and legal costs.

Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They provide impartial assistance to a judge by offering an impartial opinion on matters within their expertise. He must be able to clearly articulate the facts or assumptions on which his opinion is based and should not omit to consider issues that could affect his conclusions.

In cases where asbestos exposure is alleged medical experts could be required to help evaluate the claimant's condition and identify any causal links between the condition and the identified source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of experts. This could include doctors and nurses, pharmacists, toxicologists or epidemiologists, occupational health specialists and pharmacists.

Experts are there to provide impartial technical assistance, whether they are representing the prosecution or the defence. He should not assume the position as an advocate or seek to influence or convince the jury in favour of his client. The obligation to the court overrides his duties to his client and he should not attempt to promote an argument or seek evidence to back it.

The expert should collaborate with the other experts to resolve any issues that are peripheral and narrow down any technical issues. The expert should also work with the experts who instruct him in identifying areas of agreement and disagreement for the purpose of the joint statement of experts commissioned by the court.

The expert should finish his examination, present his conclusions and the reasoning behind them in a way that is easy to understand and clear. He should be ready to answer questions posed by the judge or the prosecution, and be willing to address all points that are raised during cross-examination.

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

Medical Experts

Expert witnesses are vital in cases which involve asbestos-related injuries due the time lag between exposure to asbestos and the onset symptoms. Asbestos cases often involve complex theories of injury that span decades and connect hundreds or even dozens of defendants. It is nearly impossible for a claimant to prove their case without the assistance of experts.

Medical and other scientists are essential to determine the extent of a claimant's exposure, evaluate their medical conditions, and provide insight into potential future health problems. These experts are crucial in any case and should be thoroughly checked and knowledgeable of the relevant field. The more experience an expert in medicine or science has the more persuasive the expert is.

Asbestos cases often require an expert in science or medicine to review the medical records of the plaintiff and conduct a physical exam. Experts can determine if asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.

It may be necessary to consult with other experts, like industrial hygienists to establish the existence of asbestos exposure levels. They can use advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare these levels to legal exposure standards.

These types of experts can also prove valuable specializes in asbestos litigation defending companies that produced or distributed asbestos-related products as they often have the capability of demonstrating that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.

Other experts that could be involved in these instances are occupational and asbestos litigation defense environmental specialists. They can provide insight into the safety procedures that are in place at a specific workplace or business, and how they connect to asbestos litigation wiki manufacturers' liability. These experts can determine, for instance, that renovation materials damaged during a remodel project may contain asbestos or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to be released.