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Asbestos Litigation Defense

In order to defend companies against asbestos litigation and claims, it is essential to examine the plaintiff's medical records, work history, and testimony. We often use the bare metal defense, which focuses on arguing that your company was not able to manufacture or sell the asbestos-containing products that are at issue in the case of a claimant.

Asbestos cases are distinct and require a tenacious approach to achieve successful results. 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 six years after a victim is diagnosed with an asbestos-related disease. It is essential for the defense to prove that the injury occurred within the timeframe. This typically requires a thorough review and examination of the plaintiff's employment history, including interviews of former coworkers, and an in-depth examination of Social Security and union records as well as tax, tax, and other documents.

In defending asbestos cases, there are various complex issues. For instance, asbestos-related victims are more likely to suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these situations an attorney for defense will argue that the limitation period should begin when the victim knew or reasonably should have known that their asbestos exposure caused the disease.

The complexity of these cases is also exacerbated by the fact that the statute of limitations may differ between states. In these instances, an experienced mesothelioma lawyer will try to file the case in the state where the majority of the exposure alleged occurred. This is a difficult task, as asbestos victims typically travel around the country in search of work and the alleged exposure could have occurred in a variety of states.

Finally, the discovery process is difficult in asbestos litigation. Contrary to other types of personal injury cases, which typically involve only a few defendants, asbestos attorney-related litigation typically includes dozens or more parties. It can be difficult to get meaningful discovery when there are multiple defendants and the plaintiff's theory 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 work closely with local and regional counsel to formulate a strategy for litigation, manage local counsel and get consistent, cost-effective results in line with the client's goals. We regularly appear in front of coordinating and trial judge, as also litigation masters across the country.

Bare Metal Defense

In the past, makers of boilers, turbines valves and pumps have protected themselves against asbestos lawsuits - mouse click the up coming website - by arguing the "bare metal" doctrine or component part doctrine. This defense holds that a manufacturer can't be held responsible for asbestos-related injuries resulting from replacement components that the company did not design or install.

In the case of Devries v. Tennessee Eastman Chemical, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment like pumps, valves and steam traps. He claimed that asbestos exposure occurred during his time at the plant, and was diagnosed with mesothelioma several years later.

The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation, and could influence the way courts in other jurisdictions tackle the issue of third-party components manufacturers incorporate into their equipment. The Court stated that the application of the bare metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to cases that are not maritime as well.

This was the first time a federal appellate court used the bare-metal defense in an asbestos case, and it's a significant departure for 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 potential 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 assist our clients to develop litigation strategies, manage regional and local counsel, and achieve an effective, cost-effective and consistent defense in accordance with their goals. Our lawyers participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating with the coordinating judges, trial courts and litigation special masters. Our unique approach has proven successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They offer independent assistance to a judge by providing an unbiased opinion on matters that are within their area of expertise. He must be able to clearly articulate the facts or assumptions on which his opinions are based and must not fail to consider issues that might affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's health and to determine if there is a connection between their condition and an identified source of exposure. Many of the illnesses caused by asbestos are extremely complicated, requiring the expertise of experts in the field. This includes pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists.

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 attempt to influence the jury to favor his client. The duty to the court overrides his duties to his client, and he should not try to push an argument or seek evidence to support it.

The expert should work with other experts in attempting to reduce any technical issues at an early stage and eliminate any irrelevant issues. The expert should also collaborate with those who are instructing him to determine areas of agreement and discord for the joint declaration of the expert as ordered by the court.

After his chief examination the expert must be able to explain his findings and the reasoning behind them in a clear and comprehensible way. He should be able to answer questions from either the prosecution or judge, and be willing to answer all questions that were raised during cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys can manage and counsel national and regional defense counsel as well as local regional, expert witnesses and experts. Our team appears regularly before coordinating judges in asbestos lawsuit litigation across the country as well as trial judges and special Masters.

Medical Experts

Expert witnesses are vital in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and the onset symptoms. Asbestos cases typically involve complicated theories of injuries that span decades and connect hundreds or even dozens of defendants. This is why it is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientists are required to determine the extent of a claimant's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are crucial to any case and must be thoroughly vetted and knowledgeable about the subject matter. The more experience an expert in medicine or science has, the more persuasive the expert will be.

In many asbestos lawsuit cases, a medical expert or scientist is required to examine the records of the claimant and conduct an examination. Experts can testify as to whether the claimant's exposure to asbestos was enough to cause a particular medical condition like mesothelioma, lung cancer, or other forms of scarring that affects the lungs and respiratory tract (e.g. the pleural plaques).

It is possible to consult other experts, such as industrial hygienists to establish the existence of asbestos exposure levels. They can use advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in a home or workplace and compare them to the legal exposure standards.

These types of experts can also prove valuable when defending companies that manufactured or distributed asbestos-related products as they often have the capability of demonstrating that the levels of exposure of plaintiffs were lower than legal limits and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts who could be involved in these cases are environmental and occupational specialists. They can provide insights into the safety protocols that exist at a particular workplace or business and how they relate to asbestos manufacturers' liability. For instance, they 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 release and be inhaled.