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Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough examination of a plaintiff's work history and medical records, as well as testimony. We typically employ a naked metal defense that focuses on arguing your company didn't manufacture, sell, or distribute asbestos-containing products that are the subject of the claimant's lawsuit.

asbestos law and litigation cases require an exclusive approach and a tenacious strategy to achieve success. We act as local counsel, regional and national.

Statute of limitations

The majority of lawsuits have to be filed within a specified 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 essential for the defense to show that the alleged injury occurred after the deadline. Often, this requires conducting a thorough review of the plaintiff's work history, including interviews with former coworkers and the careful review of Social Security, union, tax and other records.

Defending asbestos cases involves various complex issues. For example, asbestos victims often develop a less serious illness such as asbestosis before being diagnosed with a fatal illness like mesothelioma. In these instances, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim was aware or reasonably ought to have realized that their exposure to asbestos caused the disease.

The complexity of these cases is also complicated by the fact that the time limit for filing a lawsuit may vary between states. In these instances an experienced mesothelioma lawyer will try to file the case in the state where the bulk of the alleged exposure occurred. This may be a difficult task since asbestos sufferers often moved across the country to find work, and the alleged exposure could have occurred in multiple states.

Finally, the discovery process is difficult in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are typically dozens of parties involved. It can be difficult to get significant discovery when there are multiple defendants, and the plaintiff's case stretches over decades.

The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to develop litigation strategies, manage local counsel, and achieve efficient and consistent results while coordinating with client goals. We regularly appear before coordination and trial judges and litigation special masters, across the nation.

Bare Metal Defense

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

In the case of Devries, the Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets on equipment such as valves, pumps and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma several years afterward.

The Supreme Court's decision in Devries has altered the face of asbestos 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 said that the application of the bare metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits might apply this doctrine to non-maritime cases also.

This was the first time a federal appeals court has used the defense of bare metal in a lawsuit involving asbestos, and represents quite a departure from the norms of product liability law. Most courts have interpreted the "bare metal" defense as a rejection of the responsibility of a manufacturer to warn about harm caused by replacement parts it did not create or sell.

The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation cases (Highly recommended Reading) litigation. We assist our clients in developing strategies for litigation, manage local and regional counsel and provide an efficient, cost-effective defense in line with their goals. Our lawyers also speak at industry conferences on key issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with coordinating judges, trial courts and litigation special masters. Our unique method has proven to be effective in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is someone who is specialized in his skills, knowledge or experience and offers independent assistance to the court by way of an objective opinion regarding issues that fall within his field of expertise. He should be able to clearly express his opinions and the evidence or assumptions that he is basing it on. He should also not ignore any factors that might affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often asked to assist in the evaluation of the claimant's illness and sneak a peek at this site the identification of any connection between their condition and an identified source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of specialists. This includes nurses and doctors, pharmacists, toxicologists or occupational health specialists, epidemiologists, and pharmacists.

Experts are available to provide impartial technical assistance, whether they represent the defense or the prosecution. Experts should not be an advocate or try to influence the jury to favor his client. The obligation to the court is greater than his duties to his client. He should not try to push an argument or seek evidence to support it.

The expert should work with the other experts to resolve any issues that are peripheral and reduce any technical issues. The expert should also collaborate with those who are instructing him to identify areas of agreement and disagreement for the joint statement of expert ordered 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 prepared to answer questions from either the judge or prosecution and be willing to address all points that were raised during cross-examination.

Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to assist and advise regional and national defense counsel as well as local, regional and expert witnesses and experts. Our team appears regularly before judges who are coordinating asbestos litigation across the nation, as well as trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and the beginning of symptoms Expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and connect hundreds or dozens of defendants. It is almost impossible for a plaintiff to prove their case without the help of experts.

Experts in the fields of medicine and other sciences are needed to evaluate the extent of a person's exposure and medical condition, as well as to provide insight into future health issues. These experts are crucial to any case and should be thoroughly checked and knowledgeable of the field of study. The more experience an expert in medical or scientific fields has the more convincing they'll be.

Asbestos cases typically require an expert from a medical or scientific field to examine the medical records of the claimant and conduct a physical exam. Experts can determine if asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.

Other experts such as industrial hygienists could be required to aid in establishing the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical methods to evaluate airborne asbestos levels in the workplace or at home and compare them to the legal exposure standards.

They can be beneficial in defending companies that produce or distribute asbestos-related products. They often are capable of proving that plaintiffs' exposure levels were lower than the limits set by law and that there was not evidence of employer negligence or manufacturer liability for the product.

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