Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits, it is necessary to look into the medical records of the plaintiff, work history and testimony. We often use the bare metal defense, which is focused on proving that your company didn't manufacture or sell the asbestos-containing products that are at issue in a claimant's case.

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

Statute of limitations

The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is anywhere between one and six years after a victim is diagnosed with an asbestos-related illness. To defend it is crucial to establish that the alleged injury or death did not occur prior to the timeframe. This often requires a thorough study and analysis of the plaintiff's work background, including interviews with former coworkers, as well as a careful review of Social Security and union records, as well as tax and tax records.

The process of defending an asbestos case involves many complicated issues. asbestos litigation paralegal sufferers may suffer from a less severe disease, such as asbestosis, before they are diagnosed with a fatal illness like mesothelioma. In these instances, the defense attorney will argue that the limitation period should start when the victim realized or should have reasonably known that exposure to asbestos caused their illness.

The difficulty of these cases is exacerbated by the fact that the statute of limitations may differ from state to state. In these instances an experienced mesothelioma lawyer may try to bring the case to the state in which the majority of the exposure alleged to have taken place. This may be a difficult task since asbestos sufferers frequently moved around the country to find jobs, and the claimed exposure could have occurred in multiple states.

Finally, the discovery process is challenging in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants as in most cases, there are usually dozens of parties involved. It can be difficult to obtain relevant information when there are multiple defendants, and the plaintiff's case stretches over decades.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with local and regional counsel to devise strategies for litigation and 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 special masters of litigation, across the country.

Bare Metal Defense

In the past, manufacturers of boiler, turbine, pump and valve equipment have successfully defended themselves against asbestos litigation by asserting the defense referred to as the "bare metal" or component part doctrine. This defense states that a company cannot be held responsible for asbestos litigation cases-related injuries caused by replacement components that the company did not make or install.

specializes in asbestos litigation the case of Devries v. Devries, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff involved 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 when working in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation, and could influence the way that courts in other jurisdictions tackle the issue of third-party components manufacturers add to equipment. The Court declared that the use of the bare metal defense in this context is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this doctrine to non-maritime cases as well.

This ruling was the first time that a federal appeals court applied the bare-metal defense in an asbestos lawsuit, and is an important departure from the traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a rejection of the obligation of a manufacturer to warn consumers about the harm 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 help our client develop strategies for litigation, manage local and regional counsel and ensure a consistent, cost-effective defence in accordance with their goals. Our lawyers are invited to speak at industry conferences on major issues that affect asbestos litigation. Our firm's experience includes defending clients in every state and working closely with the coordinating judges, trial courts and litigation special masters. Our unique method has proven effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

A person who has specialized expertise, experience or knowledge can be an expert witness. They offer independent assistance to a court by providing an objective opinion on matters within their expertise. He should clearly state the facts or assumptions upon the basis of his opinion and should not omit to look into matters that could detract from his concluded conclusions.

In the event that asbestos exposure is alleged, medical experts may be required to assess the claimant's condition and to determine any causal connections between the condition and the source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of specialists. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.

In the event of a prosecution or defence the role of an expert is to provide impartial technical assistance. He should not assume the role as an advocate or seek to influence or convince a jury to favor his client. The obligation to the court supersedes his duties to his client. He should not attempt to support a particular argument or find evidence to back it.

The expert should co-operate with the other experts in trying to reduce any technical issues at an early stage and eliminate any other peripheral issues. The expert should also co-operate with the experts who instruct him in identifying areas of agreement and disagreement for the purpose of the joint statement of experts commissioned by the court.

The expert must finish his examination chief, discuss his conclusions and the reasons for them in a manner that is easy to understand and clear. He should be able to answer any questions from the judge or the prosecution, and be able to answer all questions that were raised during cross-examination.

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

Medical Experts

Expert witnesses are vital in cases involving asbestos-related injuries due to the latency between exposure to asbestos and beginning symptoms. Asbestos cases usually involve complicated theories of injuries that span decades and connect hundreds or dozens of defendants. It is almost impossible for a claimant to prove their case without the help of experts.

Experts in medicine and other sciences are required to determine 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 thoroughly checked and knowledgeable of the relevant field. The more experience an scientist or doctor has, the more persuasive the expert will be.

In many asbestos cases an expert in medicine or a scientist is required to review the claimant's records and perform a physical exam. Experts can verify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.

Other experts like industrial hygienists could be required to aid in establishing asbestos-related exposure levels. They can utilize advanced analytical and sampling methods to determine the amount of asbestos in the air in a home or workplace to legal exposure standards.

These experts can be extremely useful when defending companies that manufactured or distributed asbestos-related products, as they are often capable of demonstrating that the exposure levels of plaintiffs were below the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer liability.

Other experts that could be involved in these cases are occupational and environmental specialists. They can provide insight into the safety guidelines that exist at a particular workplace or company, and how they relate to the liability of asbestos producers. For example, 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 could cause asbestos fibers to release and then be inhaled.