공지사항

Asbestos Litigation Defense

Defending companies from asbestos class action litigation (My Web Site) litigation requires a thorough examination of a plaintiff's history of work and medical records, as well as testimony. We often employ the bare-metal defense, which focuses on arguing that your company did not make, sell or distribute the asbestos-containing products at issue in a claimant's case.

Asbestos cases require an exclusive approach and 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 most lawsuits must be filed. In asbestos cases, that means the statutory deadline for filing is between one and six years after a person is diagnosed with an asbestos-related condition. In order to defend the case, it is important to prove that the claimed injury or death did occur prior to this timeframe. This often requires a thorough study and analysis of the plaintiff's employment background, including interviews with former coworkers, as well as an in-depth examination of Social Security and union records and tax, tax, and other documents.

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

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

The discovery process is challenging in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of a handful of defendants as in most cases, there are usually several people involved. It can be hard to find a meaningful discovery in these cases, especially when the plaintiff's claim of injuries spans decades and connects many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with regional and local counsel to develop litigation strategies, manage local counsel, and ensure efficient and consistent results in coordination with the goals of our clients. We regularly appear before coordination and trial judges and litigation special masters, in jurisdictions 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 claiming an argument referred to as the "bare metal" or 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, the Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment like valves, pumps and steam traps. He claimed that asbestos was ingested while working at the plant, and was diagnosed with mesothelioma several years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and could impact the way courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court stated that this application of the bare-metal defense was "cabined" in maritime law but left open the possibility for other federal circuits to apply this doctrine to cases that are not maritime.

This was the first time a federal appeals court has applied the bare metal defense in a lawsuit involving asbestos, and represents a significant departure from traditional product liability law. Most courts have interpreted the "bare metal" defense as a rejection of the obligation of a manufacturer to warn of the dangers 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 lawsuits that affect the entire industry. We help our clients develop strategies for litigation, manage regional and local counsel and achieve an efficient, cost-effective defense that is in line with their goals. Our attorneys also present 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, judges and litigation special masters. Our unique method has proven successful in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is someone who is specialized in his skills, experience or knowledge and can provide independent advice to the court with the aid of an impartial opinion on matters within his area of expertise. He should be able to clearly express his opinion and the facts or assumptions he is basing it on. He should not ignore any factors that might affect his conclusions.

In cases involving allegations of exposure to asbestos, medical experts are often required to assist in the evaluation of the claimant's illness and the identification of any causal connection between their condition and an identified source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of specialists. This could include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

Experts are there to provide impartial technical assistance, whether they are representing the prosecution or the defence. He should not assume the role of advocate and should not try to influence or [empty] convince a jury to support his client. The duty to the court overrides the obligations he has to his client, and he should not try to push an argument or locate evidence to justify it.

The expert should work with the other experts to resolve any issues that are peripheral and narrow down any technical issues. The expert should also collaborate with the people who instruct him to determine areas of agreement and disagreement for the joint statement of the expert commissioned by the court.

The expert must finish his examination chief, discuss his conclusions as well as the reasons behind them in a way that is easy to understand and clear. He should be ready to answer questions posed by the judge or the prosecution, and be willing to answer all questions raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to assist and manage regional and national defense counsel as well as regional and local experts as well as witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country and also before trial judges and special Masters.

Medical Experts

Due to the latency issues that arise between asbestos exposure and appearance of symptoms Expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that stretch for decades and link dozens or even hundreds of defendants. It is almost impossible for a plaintiff to prove their case without the help of experts.

Experts in medicine and other sciences are required to assess the extent of a person's exposure and their medical condition, and also to provide information on future health issues. Experts like these are essential to any case, and should be thoroughly vetted and knowledgeable in the relevant field. The more experience the medical or scientific expert has the more convincing they'll be.

Asbestos cases usually require an expert in science or medicine to analyze the medical records of the plaintiff and conduct a physical exam. Experts can testify as to whether exposure to asbestos was sufficient to cause a specific medical condition like mesothelioma or lung cancer, or other types of scarring that affects the respiratory tract and lungs (e.g., pleural plaques).

It could be necessary to consult other experts, like industrial hygienists to establish the existence of asbestos exposure levels. They can use advanced analytical and sampling methods to evaluate the asbestos concentrations in the air at the workplace or at home with the standards for exposure that are legally required.

Experts of this kind can be extremely useful in defending companies that produced or distributed asbestos-related goods as they are often capable of proving 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 that could be involved in these cases are occupational and wiki-ux.info environmental specialists. They can provide information into the safety procedures which are in place at a particular work site or company and how they are related to the liability of asbestos producers. For instance, they can establish that the materials that are disturbed during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos litigation wiki could cause asbestos fibers to release and then be inhaled.