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Asbestos Litigation Defense

To defend companies against asbestos-related lawsuits, it is necessary to examine the medical records of the plaintiff, work history and testimony. We typically use a bare metal defense that focuses on the fact that your company did not manufacture or sell asbestos law & litigation-containing products that are the subject of the claimant's lawsuit.

Asbestos cases require a distinctive approach and a tenacious strategy to achieve success. We are local, regional and national counsel.

Statute of limitations

The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases the deadline for filing a lawsuit is anywhere between one and six years after a victim is diagnosed with an asbestos-related condition. It is important for the defense to show that the alleged injury occurred within the timeframe. This typically requires a thorough study and examination of the plaintiff's employment history, which includes interviews with former coworkers, and an in-depth examination of Social Security and union records, as well as tax and tax documents.

The process of defending an asbestos litigation meaning case involves several complex issues. Asbestos victims may develop a less severe illness, such as asbestosis, before they are diagnosed with a fatal condition such as 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 ought to have realized that their exposure to asbestos caused the disease.

The complexity of these cases is complicated by the fact that the statute of limitations can differ from state to state. In these cases an experienced lawyer for mesothelioma will try to bring the case to a state where the majority of the alleged exposure took place. This can be a challenging task because asbestos victims frequently moved around the country in search of work, and the alleged exposure could have occurred in several states.

The discovery process can be difficult in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of just a few defendants as in most cases, there are usually several people involved. This means it is often difficult to get relevant evidence in these cases, particularly when the plaintiff's theory of injuries spans decades and binds multiple 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 local and regional counsel to develop a strategy for litigation, manage local counsel and obtain consistent, asbestoslitigationgroup, lovewiki.Faith, cost-effective outcomes in line with the goals of the client. We regularly appear before the trial judge and coordinating judge, as and litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of turbine, boiler and pump and valve equipment have defended themselves in asbestos litigation by claiming the defense referred to as the "bare metal" or the component part doctrine. This defense holds that a manufacturer can't be held responsible for asbestos-related injuries caused by replacement components that the company did not make or install.

In the case of Devries, an employee of a Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment, such as pumps, valves, and steam traps. He claimed he was exposed to asbestos while working at the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation online litigation, and could affect how courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court stated that the application of the bare metal defense in this case is "cabined" to maritime law however, it 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 appeals court has applied the bare metal defense in a asbestos lawsuit and asbestos litigation defense represents an important departure from the traditional product liability law. Most courts have interpreted this "bare metal" defense as a way of avoiding the obligation of a manufacturer to warn of the dangers caused by replacement parts they did not make or sell.

The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop strategies for litigation, oversee local and regional counsel, and achieve an effective, cost-effective and consistent defense in line with their goals. Our attorneys also present at industry conferences about major issues shaping asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has been successful in reducing our clients' exposure and legal costs.

Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They offer independent assistance to a judge by offering an impartial opinion on matters within their field of expertise. He should clearly state the facts or assumptions upon which his opinion is based and should not omit to consider matters which could detract from his concluded opinions.

In the event that asbestos exposure is suspected medical experts may be required to evaluate the claimant's condition and identify any causal links between the condition and the alleged source of exposure. Many of the ailments caused by asbestos are extremely complex, requiring the expertise of experts in the field. This could include doctors and nurses pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists and pharmacists.

Whether it is the defense or prosecution the expert's job is to provide impartial technical assistance. He is not expected to assume the role of advocate or seek to influence or convince the jury to favor his client. He should not try to convince jurors or make an argument.

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

The expert must finish his examination chief, explain his conclusions and the reasons for the conclusions in a manner that is clear and easy to comprehend. He should be prepared to answer questions from the prosecution or the judge and be prepared to address any issues that are raised during cross-examination.

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

Medical Experts

Expert witnesses are extremely important in cases involving asbestos-related injuries due to the latency between exposure to asbestos and the beginning symptoms. Asbestos cases often involve complex theories of injury that stretch for decades and link hundreds or even dozens of defendants. Due to this, it is nearly impossible for a plaintiff to establish their case without the assistance of experts.

Medical and other experts in the field are required to determine the extent of a person's exposure, evaluate their medical conditions and offer insight into potential future health problems. Experts like these are essential in any case and should be well-vetted and familiar with the field of study. 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 claimant and conduct a physical exam. Experts can verify whether asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

It may be necessary to seek out other experts, such as industrial hygienists, in order to determine if there is asbestos exposure levels. They can use advanced sampling and analytical techniques to assess the levels of asbestos in the air in a workplace or home and compare these levels to legal exposure standards.

Experts of this kind can also prove valuable when defending companies that manufactured or distributed asbestos class action litigation-related products as they can often be able of demonstrating that the exposure levels of plaintiffs were below legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.

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 connect to asbestos manufacturers' liability. For instance, these experts 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 be inhaled.