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Asbestos Litigation Defense

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

Asbestos cases are unique and require a determined approach to achieve successful results. We serve as local, regional and national counsel.

Statute of Limitations

The majority of lawsuits have to be filed within a certain time frame, also known as the statute of limitations. In asbestos lawsuits cases, this means the deadline for filing a lawsuit is between one and six years after a victim is diagnosed with an asbestos-related disease. To defend it is crucial to establish that the alleged injury or death did occur prior to the timeframe. This typically requires a thorough examination and analysis of the plaintiff's employment background, including interviews with former coworkers, and an in-depth review of Social Security and union records and tax and tax documents.

Defending an asbestos case involves many complicated issues. Asbestos-related victims can develop a less severe disease, such as asbestosis, before being diagnosed with a fatal condition such as mesothelioma. In these situations an attorney for defense will argue that the time limit for a statute of limitations should begin when the person who suffers from asbestos knew or reasonably should have known that their exposure to asbestos triggered the disease.

The difficulty of these cases is made more difficult by the fact that the time limit for filing a lawsuit may vary between states. In these cases, an experienced mesothelioma lawyer will try to file the case in the state where most of the exposure alleged occurred. This is a difficult task, as asbestos victims frequently travel across the country in search of work, and the exposure could have occurred in multiple states.

The discovery process can be a challenge in asbestos litigation. Contrary to other types of personal injury cases, which typically involve only a few defendants, asbestos-related litigation typically involves dozens or more parties. It can be difficult to get relevant discovery when there are multiple defendants and the plaintiff's theory stretches over decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to formulate a strategy for litigation and manage local counsel to achieve consistent, cost-effective results, in coordination with client objectives. We regularly appear before the trial judge and the coordinating judge as and litigation masters across the nation.

Bare Metal Defense

In the past, makers of boilers, turbines valves and pumps have protected themselves against asbestos attorneys lawsuits by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense holds 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, the 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 like valves, pumps and steam traps. He claimed that asbestos exposure occurred when working at the plant and was diagnosed with mesothelioma several years later.

The Supreme Court's Devries decision has changed the nature of asbestos litigation, and could influence how the courts in other jurisdictions deal with the issue of third-party components manufacturers add to equipment. The Court said that this use of the bare-metal defense is "cabined" in maritime law but left open the possibility that other federal circuits to apply this doctrine to cases that are not maritime.

This ruling was the first time that a federal appeals court has used the defense of bare metal in an Asbestos Lawsuit - Https://Blogfreely.Net/Polishbeer9/One-Key-Trick-Everybody-Should-Know-The-One-Asbestos-Death-Compensation-Trick,, and represents a significant departure from traditional product liability law. Most courts have interpreted this "bare metal" defense as rejecting the obligation of a company to warn of the dangers caused by replacement parts that it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, oversee local and regional counsel and achieve an effective, cost-effective and consistent defense in accordance with their goals. Our lawyers are invited to speak at industry conferences on important issues affecting 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 to be effective in reducing exposure and legal costs for our clients.

Expert Witnesses

A person with specialized expertise, experience or knowledge is an expert witness. They provide impartial assistance to a court by providing an unbiased opinion on matters that are within their area of expertise. He must clearly state the facts or assumptions on which his opinions are based and should not be oblivious to look into matters that might affect his conclusions.

In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's condition and to determine if there is a causal connection between their condition and an identified source of exposure. Many of the ailments caused by asbestos are extremely complex, requiring the expertise of specialists in the field. This could include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists.

Experts are there to provide an impartial technical support, whether they are representing the prosecution or the defense. He should not act as an advocate or attempt to influence the jury in favor of his client. He should not try to convince jurors or advocate for an argument.

The expert should work with other experts to resolve any peripheral issues and reduce any technical issues. The expert should also cooperate with the experts who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts commissioned by the court.

The expert must, at the end of his examination, present his conclusions and the reasoning behind them in a manner that is clear and understandable. He should be prepared to answer questions posed by the judge or the prosecution, and be prepared to answer all questions that were raised during cross-examination.

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

Medical Experts

Due to the latency issues that arise between asbestos exposure and the appearance of symptoms, expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that span decades and connect dozens or even hundreds of defendants. It is almost impossible for an individual to prove their case without the help of experts.

Experts in the field of medicine and other science are required to assess the extent of an individual's exposure and medical condition, and also to provide insight into future health issues. Experts like these are essential to any case, and they must be thoroughly examined and knowledgeable in the relevant field. The more experience an expert in science or medicine has the more convincing the expert is.

In many asbestos cases an expert in medicine or a scientist is required to examine the claimant's records and perform a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.

It is possible to seek out other experts, such as industrial hygienists, in order to determine the presence of asbestos exposure levels. They can use advanced sampling and analytical methods to determine the amount of asbestos in the air in a workplace or home and compare these to legal exposure standards.

These types of experts are also useful in defending companies that produced or distributed asbestos-related products, as they often have the capability of demonstrating that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of negligence by the employer or manufacturer responsibility.

Other experts in these cases include environmental and occupational specialists who can provide insights into the quality of safety protocols at a given workplace or business and how these protocols are related to the liability of asbestos manufacturers. For instance, 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 to release and be inhaled.