공지사항

Asbestos Litigation Defense

In order to defend companies against asbestos litigation and claims, it is essential to look into the medical records of the plaintiff as well as their work history and testimony. We often use the bare metal defense, which is based on the argument that your company didn't manufacture, sell or distribute the asbestos-containing products at issue in the claimant's case.

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

Statute of limitations

The majority of lawsuits must be filed within a specified time frame, also known as the statute of limitations. For asbestos-related cases, this means that the statutory deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related illness. It is essential for the defense to show that the injury was sustained after the deadline. This usually requires a thorough review and examination of the plaintiff's employment background, including interviews with former coworkers, and a thorough examination of Social Security and union records as well as tax and tax documents.

In defending an asbestos-related case, there are a number of complex issues. Asbestos sufferers may develop a mild illness, such asbestosis, before they are diagnosed with a fatal illness like mesothelioma. In these cases, a defense attorney will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably should have known that their exposure to asbestos triggered the disease.

These cases are complicated by the fact the statute of limitations can vary from state to state. In these instances, a seasoned mesothelioma lawyer will attempt to bring the case to the state in which the majority of the exposure is believed to have taken place. This may be a difficult task as asbestos patients frequently moved around the country to find work, and the alleged exposure could have occurred in several states.

The process of discovery isn't always easy in asbestos defense litigation litigation. Contrary to other personal injury cases, which often contain only a few defendants, asbestos-related litigation usually includes dozens or more defendants. It is often 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 years of experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with regional and local counsel to develop litigation strategy, manage local counsel and achieve consistent, cost-effective results, in coordination with the goals of the client. We regularly appear in front of the trial judge and the coordinating judge as also litigation masters across the nation.

Bare Metal Defense

In the past, manufacturers of boilers, turbines, pump and valve equipment have sought to defend themselves in asbestos litigation by claiming the defense referred to as the "bare metal" or the component part doctrine. This defense argues that a company cannot be held responsible for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries v. Devries, a Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps, and gaskets from equipment like valves, pumps, and steam traps. He claimed asbestos exposure occurred when working at the plant, and was diagnosed with mesothelioma several years later.

The Supreme Court's Devries decision has altered the nature of asbestos litigation and may influence the way that courts in other jurisdictions tackle the issue of third-party components that manufacturers include in their equipment. The Court said that the application 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 was the first time that a federal appeals court has applied the bare-metal defense in a asbestos lawsuit and represents quite a departure from the norms of product liability law. Most courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to inform about the dangers posed by replacement parts it did not manufacture or sale.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We help our client develop strategies for litigation, manage regional and local counsel, and provide a consistent, Asbestos Litigation Defense cost-effective defence in line with their goals. Our lawyers are invited to participate in conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm's experience includes representing clients across the nation and working closely with coordinating judges and trial courts, as well as special masters. Our unique method has proven successful in reducing exposure and legal costs for our clients.

Expert Witnesses

An expert witness is a person who has specialized skills, experience or knowledge and can provide independent advice to the court with the aid of an impartial opinion on matters of his field of expertise. He should be able to clearly express his opinion and the evidence or assumptions he is basing it on. He should also not overlook any aspect that could influence his conclusions.

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

Whether it is the defense or prosecution the expert's job is to provide objective technical assistance. He should not assume the role of an advocate and should not try to influence or convince a jury to support his client. The duty to the court is greater than his duties to his client and he should not try to push a particular argument or find evidence to justify it.

The expert should collaborate with the other experts to resolve any peripheral issues and reduce any technical issues. The expert should also work with those who instruct him to identify areas of agreement and discord for the joint statement of expert ordered by the court.

The expert should, at the end of his examination chief, discuss his conclusions and the reasons for them in a manner that is clear and understandable. He should be prepared to answer questions from either the judge or the prosecution, and be able to answer all questions raised during cross-examination.

Cetrulo LLP is well versed in the defense of clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can manage and counsel national and regional defense counsel, as in addition to local regional, expert witnesses and experts. Our team regularly appears before trial judges, coordinating judges and special masters in asbestos litigation across the nation.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and onset of symptoms Expert witnesses are a crucial part in any case involving an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that stretch for decades and involve hundreds or even dozens of defendants. It is almost impossible for a claimant to prove their case without the help of experts.

Experts in the field of medicine and other science are required to determine the degree of exposure an individual has and medical condition as well as provide insight into future health concerns. Experts like these are essential in any case and should be thoroughly vetted and knowledgeable about the subject matter. The more experience an expert in medicine or science has the more persuasive the expert will be.

Asbestos cases typically require an expert from a medical or scientific field to analyze the medical records of the plaintiff and conduct a physical exam. Experts can verify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.

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

These experts can also prove valuable when defending companies who manufactured or distributed asbestos-related products, as they are often capable of demonstrating that the levels of exposure of plaintiffs were lower than the legal limit and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts in these cases include occupational and environmental specialists who can provide insight into the adequacy of safety procedures at a particular workplace or company, and how such protocols are related to the liability of asbestos manufacturers. They can be able to, for instance, prove that renovation materials disturbed in the course of a remodel could contain asbestos litigation group, or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to release.