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Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough review of the plaintiff's employment history and medical records, as well as testimony. We typically use a bare metal defense that focuses on the fact that your company didn't manufacture, sell, or distribute the products containing asbestos that are the subject of the claimant's lawsuit.

Asbestos cases require a distinctive approach and a determined approach to get results. We act as local counsel, regional and national.

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 anywhere between one and 6 years after the victim is diagnosed with an asbestos lawyers-related disease. To defend it is crucial to establish that the alleged injury or death did not occur prior to the deadline. Often, this requires reviewing the entirety of the plaintiff's employment history, which includes interviews with former coworkers as well as the careful examination of Social Security, union, tax and other records.

In defending asbestos cases, there are many complicated issues. Asbestos victims may develop a less severe illness, such as asbestosis, before they are diagnosed with a fatal condition such as mesothelioma. In these cases, a defense attorney will argue that the limitation period should begin when the victim was aware or reasonably should have known that their asbestos exposure caused the disease.

These cases are complicated due to the fact that the statute of limitations could differ from state to state. In these instances a mesothelioma lawyer who is experienced will attempt to file the case in the state where the majority of the exposure alleged occurred. This could be a challenging task since asbestos sufferers frequently moved around the country to find work, and the alleged exposure could have occurred in multiple states.

Finally, the discovery process is difficult in asbestos litigation. In contrast to other types of personal injury cases, which often involve only a few defendants, asbestos-related litigation typically involves a number of parties. It can be difficult to get meaningful discovery in these cases, especially when the plaintiff's argument for injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation and manage local counsel and produce consistent and cost-effective results while coordinating with the goals of our clients. We regularly appear before coordinating and trial judge, as and litigation masters across the country.

Bare Metal Defense

In the past, makers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits (https://morphomics.science/wiki/20_Things_Only_The_Most_Devoted_Asbestosis_Settlement_Amounts_Fans_Know) using the "bare metal" doctrine or the component part doctrine. This defense argues that a manufacturer cannot be held responsible for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case 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, such as valves, pumps, and steam traps. He claimed he was exposed asbestos during his work in the plant and was diagnosed with Mesothelioma many years afterward.

The Supreme Court's decision in Devries has altered the face of asbestos lawsuit litigation, and could affect how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare metal defense in this instance is "cabined" to maritime law, but left open the possibility that other federal circuits might apply this doctrine to non-maritime cases also.

This was the first time a federal appellate court used the"bare-metal" defense in an asbestos case, and it is a significant deviation from the standard product liability laws. The majority of courts have interpreted the "bare metal" defense as a rejection of the obligation of a company to warn about harm caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos attorney lawsuits that affect the entire industry. We assist our clients to develop strategies for litigation, oversee local and regional counsel, and provide a consistent, cost-effective defence in accordance with their goals. Our attorneys also speak at industry conferences on key issues affecting asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating closely with coordinating judges and trial courts, as well as special masters. Our unique method has proven to be successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is a person who has specific skills, knowledge or experience and provides independent assistance to the court with the aid of unbiased opinion concerning matters within his expertise. He must be able to clearly articulate the facts or assumptions on the basis of his opinion and should not omit to consider issues that could detract from his concluded conclusions.

In the event that asbestos exposure is claimed medical experts may be required to help evaluate the claimant's condition and identify any causal link between the condition and the alleged source of exposure. A lot of the diseases that are caused by asbestos are complex, and require the expertise of specialists in the field. This includes pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists.

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

The expert should co-operate with the other experts in trying to narrow any technical issues at an early stage and eliminate any other peripheral matters. The expert should also collaborate with those who are instructing him to determine areas of agreement and disagreement for the joint statement of the expert as ordered by the court.

At the conclusion of his main examination the expert should be able to explain his conclusions and the reasons for them in a clear and easy-to-understand way. He is expected to be able to respond questions from the prosecution or judge and be prepared to discuss any issues that are raised on cross-examination.

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

Medical Experts

Due to the latency issues that arise between asbestos exposure and appearance of symptoms experts are a crucial part in any case that involves an asbestos-related injury. asbestos lawyer cases often involve complex theories of injuries that span decades and connect hundreds or dozens of defendants. This is why it's nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other experts in the field are essential to determine the extent of a claimant's exposure, evaluate their medical conditions, and provide insight into possible health issues that could arise in the future. These experts are crucial to any case and should be well-vetted and familiar with the relevant field. The more experience a medical or scientific expert has the more persuasive they will be.

In a majority of asbestos lawyers cases, a medical expert or scientist is required to review the records of the claimant as well as perform an examination. These experts can testify whether asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

It may be necessary to seek out other experts, like industrial hygienists, in order to determine the presence of asbestos exposure levels. They can use advanced sampling and analytical methods to assess the levels of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.

These types of experts can also prove valuable in defending companies that produced or distributed asbestos-related goods as they are often capable of proving that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of employer negligence or manufacturer liability.

Other experts in these cases include environmental and occupational experts who can offer insights into the adequacy of safety procedures at a particular work site or company and how these protocols relate to asbestos manufacturers' liability. For instance, these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers release and become inhaled.