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Asbestos Litigation Defense

In order to defend companies against asbestos litigation in the future, it is essential to look into the plaintiff's medical records, work history, and testimony. We often use a bare metal defense that focuses on the fact that your company did not manufacture or sell asbestos-containing products at issue in the claimant's lawsuit.

Asbestos cases are unique and require an aggressive strategy to achieve success. We are regional, local, 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 the victim is diagnosed with an asbestos-related disease. To defend it is crucial to establish that the alleged accident or death did not occur prior to the deadline. This typically requires a thorough review and analysis of the plaintiff's employment history, including interviews of former coworkers, and a thorough examination of Social Security and union records as well as tax and tax documents.

The process of defending an asbestos case involves several complex issues. Asbestos sufferers may suffer from a less severe illness, such asbestosis, before they are diagnosed with a fatal illness like mesothelioma. In these instances, a lawyer for defense will argue that the limitation period should begin when the victim was aware or reasonably ought to have realized that their exposure to asbestos triggered the disease.

The complex nature of these cases is also complicated by the fact that the statute of limitations may vary between states. In these instances a mesothelioma lawyer who is experienced will attempt to start the case in the state where the majority of the alleged exposure occurred. This can be a challenging job, since asbestos victims typically travel around the country in search of work, and the exposure could have occurred in multiple states.

Finally, the discovery process is a challenge in asbestos litigation. In contrast to other personal injury cases, which typically have only a handful of defendants, asbestos-related litigation usually includes dozens or more defendants. It can be difficult to get relevant information when there are multiple defendants, and the plaintiff's case is spanning decades.

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

Bare Metal Defense

In the past, manufacturers of boilers, turbines valves and pumps have protected themselves from asbestos lawsuits [what is it worth] by asserting what is known as "bare metal" doctrine or the component part doctrine. This defense states that a company is not liable for asbestos lawyers-related injuries caused by replacement parts that they did not design or manufacture.

In the case of Devries, an employee of an Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed he was exposed 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, and could impact the way courts in other jurisdictions deal with the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said that this use of the bare-metal defense is "cabined" in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time an appeals court of the federal level has applied the bare metal defense in a asbestos attorneys lawsuit and is a significant departure from traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a manufacturer to warn of the dangers caused by replacement parts they did not make 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 to develop litigation strategies, manage regional and local counsel, and achieve an efficient, cost-effective defense in coordination with their objectives. Our attorneys also speak at industry conferences on key issues affecting asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, judges and litigation special masters. Our unique approach has been successful in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is a person who is specialized in his skills, knowledge or experience and provides independent assistance to the court by way of an impartial opinion on issues that fall within his area of expertise. He should clearly state his opinions and the evidence or assumptions he is basing it on. He should not overlook any aspect that could affect his conclusions.

In cases where asbestos exposure is suspected medical experts could be required to evaluate the claimant's condition and to determine any causal links between the condition and the identified source of exposure. Many of the diseases associated with asbestos attorneys are complex and require the expertise of experts. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health specialists.

In the event of a prosecution or defence, an expert's role is to provide objective technical assistance. He is not expected to assume the role of advocate, nor should he seek to influence or convince a jury in favour of his client. He should not try to convince jurors or promote an argument.

The expert should collaborate with the other experts to eliminate any peripheral issues and identify any technical issues. The expert should also work with the people who instruct him to determine areas of agreement and disagreement for the joint statement of the expert as ordered by the court.

The expert should finish his examination, present his conclusions as well as the reasons for the conclusions in a manner that is clear and understandable. He should be ready to answer questions from either the judge or prosecution and be prepared to discuss all issues that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can handle and advise national and regional defense counsel, as in addition to local regional, expert witnesses and experts. Our team appears regularly before judges who are coordinating asbestos litigation across the nation, as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that arise between asbestos exposure and appearance of symptoms, expert witnesses play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that stretch for decades and link dozens or even hundreds of defendants. It is nearly impossible for an individual to prove their case without the help of experts.

Medical and other scientists are required to determine the extent of a person's exposure, assess 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 checked and educated in the relevant field. The more experience an expert in science or medicine has the more convincing they will be.

Asbestos cases typically require an expert in science or medicine to review the medical records of the plaintiff and conduct a physical examination. These experts can testify as to whether the claimant's exposure asbestos was sufficient to cause a particular medical condition like mesothelioma, lung cancer, or any other form of scarring on the lungs and respiratory tract (e.g. plaques in the pleural cavity).

It is possible to consult with other experts, such as industrial hygienists, in order to establish the existence of asbestos exposure levels. They can employ advanced sampling and analytical methods to assess the levels of asbestos in the air in the workplace or at home and compare these levels to legal exposure standards.

These experts can be valuable in defending companies who produce or distribute asbestos-related products. They often are capable of proving that plaintiffs' exposure levels were below the legal limits, and that there was not evidence of employer negligence or the responsibility of the manufacturer of the product.

Other experts involved in these cases include environmental and occupational experts who can provide insight into the adequacy of safety protocols at a given work site or company and how they relate to the liability of asbestos manufacturers. For example, 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 release and become inhaled.