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Asbestos Litigation Defense

In order to defend businesses against asbestos attorneys-related lawsuits and claims, it is essential to review the medical records of the plaintiff as well as their work history, and testimony. We often use a bare metal defense that focuses on the fact that your company didn't manufacture, sell, or distribute the products containing asbestos at issue in the claimant's lawsuit.

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

Statute of limitations

The majority of lawsuits must be filed within a certain time frame, also known as the statute of limitations. For asbestos-related cases, this means the legal deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related illness. To defend, it is important to establish that the alleged injury or death did occur prior to the deadline. Often, this requires conducting a thorough review of the plaintiff's past work history, which includes interviews with former colleagues and the careful review of Social Security, union, tax and other records.

Defending an asbestos case involves many complicated issues. For instance, asbestos victims often suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these instances an attorney for defense will argue that the limitation period should begin when the person who suffers from asbestos knew or reasonably ought to have realized that their asbestos exposure caused the disease.

The complex nature of these cases is also exacerbated by the fact that the statute of limitations can vary between states. In these instances an experienced mesothelioma lawyer will attempt to file the case in the state where the majority of the alleged exposure occurred. This may be a difficult task since asbestos sufferers often moved across the country in search of employment, and the alleged exposure could have occurred in multiple states.

The discovery process isn't always easy in asbestos litigation. Contrary to other types of personal injury cases, which typically contain only a few defendants, asbestos lawyers-related litigation usually includes dozens or more defendants. This means it can be difficult to get meaningful discovery in these cases, especially when the plaintiff's claim of injuries spans decades and binds many defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with regional and local counsel to develop strategies for litigation and manage local counsel and achieve consistently cost-effective results while coordinating with client goals. We regularly appear before coordination and trial judges and special masters of litigation, in jurisdictions across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines pumps and valves have defended themselves against asbestos lawsuits using what is known as "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries resulting from replacement parts that they did not install or manufacture.

In the case Devries v. Tennessee Eastman Chemical, the Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed he was exposed asbestos during his work in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation, and could influence how courts in other jurisdictions approach the issue of third-party parts that manufacturers add to equipment. The Court stated that this application of the bare-metal defense was "cabined" in maritime law but left open the possibility that other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time that a federal appeals court has applied the bare-metal defense in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. The majority of courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to inform about the potential harms caused by replacement parts it did not make or sale.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing litigation strategies, manage regional and local counsel, and ensure an efficient, cost-effective defense in accordance with their goals. Our lawyers also speak at industry conferences on key issues affecting asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, judges and special masters of litigation. Our unique method has proven successful in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is a person who has specific skills, knowledge or experience and offers independent assistance to the court with the aid of an objective opinion regarding matters within his expertise. He must clearly state his opinion and the evidence or assumptions that he is basing it on. He should also not ignore any factors that could influence his conclusions.

In cases where asbestos exposure is suspected medical experts may be required to assess the claimant's health and determine any causal links between the condition and the source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This can include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health professionals.

Experts are there to provide unbiased technical assistance, regardless of whether they represent the prosecution or the defence. He should not act as an advocate or attempt to influence the jury in favor of his client. He should not attempt to convince the jury or advocate for an argument.

The expert should work with the other experts to address any peripheral issues and identify any technical issues. The expert should also work with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the reason of the joint statement of experts commissioned by the court.

At the conclusion of his main examination, the expert should explain his conclusions and the reasons behind them in a clear and easy-to-understand way. He is expected to be able to respond questions from the prosecution or the judge and should be willing to address any issues that are raised during cross-examination.

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

Medical Experts

Expert witnesses are extremely important in cases that involve asbestos-related injuries because of the time lag between exposure to asbestos and initial symptoms. Asbestos cases often involve complex theories of injury that span decades and link hundreds or even dozens of defendants. Due to this, it is almost impossible for a plaintiff to establish their case without the help of experts.

Experts in medicine and other sciences are required to determine the extent of an individual's exposure and their medical condition, and also to provide insight into future health issues. These experts are crucial to any case and should be well-vetted and familiar with the field of study. The more experience the medical or scientific expert has the more persuasive they will be.

Asbestos cases typically require an expert in science or medicine to review the medical records of the plaintiff and conduct a physical exam. These experts can testify as to whether the claimant's exposure asbestos was enough to cause a specific medical condition such as mesothelioma, lung cancer, or other forms of scarring on the lungs and respiratory tract (e.g., pleural plaques).

It may be necessary to consult other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can use sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air at a workplace or home to the legal exposure standards.

These types of experts can be extremely useful when defending companies that manufactured or distributed asbestos-related products, as they often have the capability of proving that the exposure levels of plaintiffs were within the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.

Other experts in these instances include occupational and environmental specialists who can provide insights into the quality of safety procedures at a particular workplace or company, and how they are related to the liability of asbestos manufacturers. These experts could determine, for instance, that renovation materials damaged during the course of a remodel could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to be released.