Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough analysis of the plaintiff's employment history and medical records, as well as testimony. We typically use the bare metal defense, which is based on the argument that your company was not able to manufacture, sell or distribute the asbestos-containing products in question in a claimant's case.

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

Statute of Limitations

The statute of limitations is a time limit within which most lawsuits must be filed. In asbestos cases the deadline for filing a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related condition. In order to defend the case it is essential to prove that the claimed injury or death did not occur prior to the deadline. Often, this requires an exhaustive review of the plaintiff's past work history, which includes interviews with former coworkers as well as the careful review of Social Security, union, tax and other records.

The process of defending an asbestos case involves several complex issues. For example, asbestos victims are more likely to suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal disease like mesothelioma. In these cases, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably ought to have known that their exposure to asbestos law and litigation (https://whatisasbestoslitigation29419.fireblogz.com) caused the disease.

The difficulty of these cases is also exacerbated by the fact that the statute of limitations may differ between states. In these cases an experienced mesothelioma lawyer will attempt to present the case in a state where the majority of the exposure alleged to have taken place. This may be a difficult task because asbestos victims frequently moved around the country to obtain employment, and the alleged exposure may have taken place in multiple states.

Finally, the discovery process is a challenge in asbestos litigation. Unlike other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation usually involves a number of defendants. It is often difficult to obtain relevant evidence in these cases, particularly when the plaintiff's claim of injuries spans decades and binds several different 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 regional and local counsel to develop strategies for litigation, manage local counsel, and ensure consistently cost-effective results in coordination with the client's goals. We regularly appear before coordinating and trial judges, as well as special masters of litigation across the country.

Bare Metal Defense

Historically, manufacturers of boiler, turbine and pump equipment have defended themselves in asbestos litigation by asserting a defense known as the "bare metal" or the component part doctrine. This defense holds that a manufacturer can't be held accountable for asbestos-related harms caused by replacement components that the company did not design or install.

In the case of Devries, a worker at the Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps, and gaskets from equipment such as pumps, valves, and steam traps. He claimed that he was exposed to asbestos while working in the plant and was diagnosed with Mesothelioma many years afterward.

The Supreme Court's decision in Devries has altered the face of asbestos litigation defense litigation, and may impact how courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this case is "cabined" to maritime law, but left open the possibility that other federal circuits will apply this doctrine to non-maritime cases as well.

This was the first time a federal appellate court ruled on the"bare-metal" defense in an asbestos case, and it's a significant departure for traditional product liability laws. The majority of courts have interpreted "bare metal" as a rejection of the obligation of a maker to warn about the dangers posed by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We help our clients develop strategies for litigation, manage regional and local counsel and achieve an effective, cost-effective and consistent defense that aligns with their goals. Our lawyers also speak at industry conferences about key issues affecting asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and asbestos Law and litigation litigation special masters. Our unique strategy has proven successful in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is someone who is specialized in his skills, experience or knowledge and provides independent assistance to the court by way of unbiased opinion concerning matters within his area of expertise. He must clearly state the facts or assumptions on which his opinion is based and Asbestos Law and Litigation should not omit to consider matters which could affect his opinions.

In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's health and the identification of any causal connection between their condition and a known source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of specialists. This can include doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.

Experts are there to offer unbiased technical assistance, regardless of whether they are representing the defense or the prosecution. He is not expected to assume the role as an advocate, nor should he seek to influence or persuade the jury to support his client. The obligation to the court is greater than his obligations to his client. He should not attempt to promote a particular argument or find evidence to support it.

The expert should cooperate with the other experts in trying to narrow any technical issues at an early stage and eliminate any other peripheral issues. The expert should also work with the people who instruct him to pinpoint areas of agreement and discord in the joint statement of the expert commissioned by the court.

The expert must at the conclusion of his examination chief, explain his conclusions as well as the reasoning behind them in a manner that is easy to understand and clear. He should be ready to answer any questions from the prosecution or judge, and be able to discuss all issues that are raised during cross-examination.

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

Medical Experts

Due to the latency issues that occur between asbestos exposure and the onset of symptoms, expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that can span decades and link hundreds or even dozens of defendants. This is why it's nearly 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 provide insight into possible health issues that could arise in the future. These experts are crucial to any case and must be well-vetted and familiar with the relevant field. The more experience an expert in medical or scientific fields has, the more persuasive they'll be.

Asbestos cases typically require an expert in science or medicine to review the medical records of the plaintiff and conduct a physical examination. Experts can testify as to whether the claimant's exposure to asbestos was sufficient to cause an illness that is specific to him, like mesothelioma, lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g. plaques in the pleural cavity).

Other experts like industrial hygienists might also be needed to assist in establishing asbestos-related 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 them to the legal exposure standards.

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

Other experts involved in these cases include occupational and environmental specialists who can provide insight on the safety procedures at a particular workplace or business and how such protocols relate to the liability of asbestos manufacturers. They can determine, for instance, that the materials used in the course of a remodel could contain asbestos or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to be released.