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Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's history of work as well as medical records and evidence. We often use the bare metal defense which is based on the argument that your company did not make, sell or distribute the asbestos-containing products in question in the case of a claimant.

Asbestos cases are unique and require a tenacious approach to achieving successful results. We are regional, local, and national counsel.

Statute of Limitations

The majority of lawsuits have to be filed within a specified time frame, also known as the statute of limitations. In asbestos cases the deadline to file a lawsuit is between one and 6 years after the victim is diagnosed with an asbestos-related disease. For the defense it is essential to prove that the claimed injury or death did occur prior to this deadline. This usually requires a thorough review and analysis of the plaintiff's employment history, which includes interviews with former coworkers and an in-depth review of Social Security and union records and tax and tax documents.

The process of defending an asbestos case involves several complex issues. For example, asbestos victims often develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness like mesothelioma. In these instances the defense attorney will argue the limitation period should start when the victim was aware or ought to have known that exposure to asbestos causes their illness.

The complex nature of these cases is exacerbated by the fact that the time limit for filing a lawsuit may vary between states. In these instances an experienced lawyer for mesothelioma will try to bring the case to a state where the majority of the exposure is believed to have taken place. This can be a challenging task since asbestos sufferers frequently moved around the country in search of jobs, and the claimed exposure may have taken place in multiple states.

The discovery process is challenging in asbestos litigation. Contrary to other personal injury cases, which typically involve only a few defendants, asbestos-related litigation typically involves dozens or more defendants. This means it can be difficult to find a an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and involves several different defendants.

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 develop litigation strategy, manage local counsel and obtain consistent, cost-effective outcomes, in coordination with the client's goals. We regularly appear before coordinating and trial judges and litigation special masters, across the country.

Bare Metal Defense

In the past, makers of boilers, turbines, pumps and valves have defended themselves against asbestos defense litigation lawsuits by arguing what is known as "bare metal" doctrine or component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injury caused by replacement parts they did not design or manufacture.

In the case Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed that he was exposed to asbestos litigation wiki while working in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and could affect how courts in other jurisdictions handle the issue of the liability of third-party components that are 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 that other federal circuits to apply this doctrine to cases that aren't maritime.

This ruling was the first time that a federal appeals court has applied the bare-metal defense in a asbestos lawsuit and is a significant departure from traditional product liability law. The majority of courts have understood "bare metal" as a denial of the obligation of a maker to warn about the dangers posed by replacement parts it did't manufacture or sell.

The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop strategies for litigation, manage regional and local counsel and provide an efficient, cost-effective defense in coordination with their objectives. Our lawyers are invited to participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and working closely with coordinating judges, trial courts and litigation special masters. Our unique approach has proven to be effective in reducing legal spend for our clients.

Expert Witnesses

A person who has specialized knowledge, skills or experience can be an expert witness. They offer independent assistance to a court by providing an unbiased opinion on issues within their field of expertise. He must clearly state his opinions and the facts or assumptions he is basing it on. He should not overlook any aspect that could affect his conclusions.

In cases involving allegations of exposure to asbestos, Asbestos law & litigation medical professionals are often asked to assist in the evaluation of the claimant's condition and to determine if there is a causal connection between their condition and the identified source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of specialists. This could include nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists, and pharmacists.

Experts are there to offer impartial technical assistance, whether they represent 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 the jury or make an argument.

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

After completing his chief examination the expert must present his conclusions and the reasoning behind them in a clear and easy-to-understand manner. He should be ready to answer questions from either the judge or the prosecution, and be prepared to address all points that were raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can assist and advise regional and national defense counsel, as well as local regional, expert witnesses and experts. Our team is regularly in front of trial judges, coordinating judges and special masters in asbestos litigation across the country.

Medical Experts

Expert witnesses are crucial in cases that involve asbestos-related injuries because of the time lag between exposure to asbestos and the beginning symptoms. asbestos defense litigation cases typically involve complicated theories of injuries that span decades and connect hundreds or even dozens of defendants. Due to this, it is nearly impossible for a plaintiff to establish their case without the assistance of experts.

Experts in the field of medicine and Asbestos law & litigation other science are required to assess the extent of an individual's exposure and medical condition as well as to give insight into the future health issues. Experts like these are essential in any case and should be well-vetted and familiar with the field of study. The more experience an expert in medical or scientific fields has, the more persuasive they'll be.

In many asbestos cases, an expert in medicine or a scientist is required to review the claimant's records and perform an examination. Experts can testify as to whether the claimant's exposure to asbestos was enough to trigger a particular medical condition like mesothelioma, lung cancer, or other types of scarring in the lungs and respiratory tract (e.g. the pleural plaques).

Other experts such as industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling and analytical methods to determine the amount of asbestos in the air in a home or workplace and compare these to legal exposure standards.

These experts can be very valuable in defending companies who produce or distribute asbestos-related goods. They are usually in a position to prove that the exposure levels of plaintiffs were below the legal limits, and that there was not evidence of negligence by the employer or the responsibility of the manufacturer of the product.

Other experts who could be involved in these cases are occupational and environmental experts. They can provide information into the safety protocols that exist at a particular workplace or business and how they relate to the liability of asbestos Law & litigation producers. They can determine, for instance, that renovation materials disturbed in the course of a remodel could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to escape.