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Asbestos Litigation Defense

To defend companies against asbestos litigation, it is necessary to look into the plaintiff's medical records, work history and testimony. We often use a bare metal defense, which focuses on proving that your company didn't manufacture, sell, or distribute the products containing asbestos that are the subject of the claimant's lawsuit.

Asbestos cases are unique and require a tenacious approach to achieve successful results. We are regional, latest asbestos Litigation local, and national counsel.

Statute of limitations

Most lawsuits must be filed within a specific timeframe, referred to as the statute of limitations. In asbestos cases the deadline for filing a lawsuit is between one and six years after a victim is diagnosed with an asbestos-related condition. It is important for the defense to prove that the injury was sustained after the deadline. Often, this means reviewing the entirety of the plaintiff's work history, which includes interviews with former colleagues and the careful examination of Social Security, union, tax and other records.

Defending an asbestos case involves many complicated issues. For instance, asbestos-related victims often 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 ought to have realized that their exposure to asbestos triggered the disease.

The difficulty of these cases is also complicated by the fact that the time limit for filing a lawsuit may vary between states. In these instances, a seasoned lawyer for mesothelioma will try to bring the case to the state where the bulk of the exposure alleged to have taken place. This can be a challenging task as asbestos patients frequently moved around the country to find employment, and the alleged exposure could have occurred in several states.

The process of discovery can be a challenge in asbestos litigation online litigation. Asbestos litigation is more complex than other personal injury cases. Instead of just a few defendants as in most cases, there are often dozens of people involved. It can be difficult to obtain an accurate discovery in these cases, especially when the plaintiff's claim of injuries spans decades and involves multiple defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and achieve consistently cost-effective results that align with the goals of our clients. We regularly appear before coordinating and trial judges as well as litigation special masters, across the country.

Bare Metal Defense

In the past, makers of boilers, turbines valves and pumps have defended themselves against asbestos lawsuits by asserting what is known as "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not liable for asbestos-related injuries resulting from replacement parts that they did not manufacture or install.

In the case of Devries, an employee at an Tennessee Eastman chemical plant sued several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment such as valves, pumps and steam traps. He claimed he was exposed to asbestos during his time at the plant, and was diagnosed with mesothelioma years later.

The Supreme Court's decision in Devries has altered the face of asbestos litigation meaning litigation, and may impact how courts in other jurisdictions deal with the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court declared that the application of the bare-metal defense was "cabined" in maritime law, but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime.

This decision was the first time a federal appeals court applied the bare-metal defense in a lawsuit involving asbestos litigation meaning, and represents an important departure from the traditional product liability law. Most courts have interpreted "bare metal" as a rejection of the responsibility of a maker to warn about harms caused by replacement parts it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, manage regional and local counsel, and ensure a consistent, cost-effective defense that aligns with their objectives. Our attorneys present at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating closely with the coordinating judges, trial courts and litigation special masters. Our unique strategy has proven to be successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is one who has specific skills, knowledge or experience and offers independent assistance to the court in the form of an impartial opinion on matters of his field of expertise. He must clearly state the facts or assumptions upon the basis of his opinion and must not fail to consider matters which might affect his conclusions.

In cases where asbestos exposure is suspected medical experts could be required to evaluate the claimant's condition and identify any causal connections between the condition and the alleged source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of specialists. This can include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists.

Experts are there to offer unbiased technical assistance, regardless of whether they represent the prosecution or the defense. He should not serve as an advocate or attempt to influence the jury in favor of his client. He should not try to convince the jury or promote an argument.

The expert should work with other experts to resolve any peripheral issues and identify any technical issues. The expert should also work with the people who instruct him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts ordered by the court.

After completing his main examination the expert must be able to explain his findings and the reasoning behind them in a clear and comprehensible way. He should be prepared to answer questions posed by the judge or Latest asbestos litigation the prosecution, and be prepared to address all points that are raised during cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys are able to counsel and manage regional and national defense counsel and regional and local experts and witnesses. Our team regularly appears before coordinating judges, trial judges, and special masters in asbestos litigation across the nation.

Medical Experts

Expert witnesses are extremely important in cases which involve asbestos-related injuries due the latency between exposure to asbestos and the beginning symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and involve hundreds or even dozens of defendants. Due to this, it is almost impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientific experts are necessary to assess the extent of an individual's exposure, assess their medical conditions and offer insight into the possibility of future health issues. These experts are crucial in any case and should be thoroughly vetted and knowledgeable about the relevant field. The more experience the medical or scientific expert has, the more persuasive they'll be.

Asbestos cases often require an expert in science or medicine to examine the medical records of the claimant and conduct a physical examination. Experts can testify as to whether exposure to asbestos was enough to cause a specific medical condition like mesothelioma, lung cancer, or any other form of scarring that affects the lungs and respiratory tract (e.g., pleural plaques).

It could be necessary to seek out other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can utilize advanced sampling and analytical methods to assess the levels of asbestos in the air in a home or workplace and compare these levels to legal exposure standards.

Experts of this kind can also prove valuable when defending companies that manufactured or distributed asbestos defense litigation-related goods as they can often be able of proving that the exposure levels of plaintiffs were within the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer liability.

Other experts in these cases include environmental and occupational specialists who can provide insights into the adequacy of safety protocols at a given workplace or company, and how these protocols relate to latest Asbestos litigation manufacturers' liability. For instance, they can establish that renovation materials damaged during a remodel are more likely to contain asbestos or that shaking out contaminated clothing could cause asbestos fibers to release and be inhaled.