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Asbestos Litigation Defense

In order to defend businesses against asbestos litigation, it is necessary to review the medical records of the plaintiff, work history, and testimony. We often use a bare metal defense, which focuses on proving that your company didn't make, sell, or distribute asbestos-containing products that are in the plaintiff's lawsuit.

Asbestos cases require a distinctive method and a persistent strategy to achieve success. We serve as local counsel, regional and national.

Statute of limitations

The majority of lawsuits have to be filed within a specific time frame, also known as the statute of limitations. For asbestos cases, that means the legal deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related disease. In order to defend the case it is crucial to establish that the alleged accident or death did not occur within this deadline. This often requires a thorough review and analysis of the plaintiff's work history, which includes interviews with former coworkers, and a thorough study of Social Security and union records and tax and tax documents.

In defending an asbestos lawsuit-related case, there are several complex issues. For instance, asbestos-related victims often develop a less serious illness such as asbestosis before they are diagnosed with a fatal illness such as mesothelioma. In these situations, a defense attorney will argue that the statute of limitations should start when the person who suffers from asbestos attorney knew or reasonably ought to have known that their asbestos exposure caused the disease.

The complex nature of these cases is exacerbated by the fact that the statute of limitations may differ between states. In these cases, an experienced mesothelioma lawyer will try to bring the case in the state where the bulk of the alleged exposure occurred. This may be a difficult task because asbestos victims often moved across the country to find work, and the alleged exposure may have taken place in several states.

The discovery process can be difficult in asbestos litigation. asbestos attorneys litigation is more difficult than other personal injury cases. Instead of a handful of defendants as in most cases, there are typically dozens of people involved. It can be difficult to get significant discovery when there are many defendants and the plaintiff's claim extends over a long period of time.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with regional and local counsel to develop litigation strategies and manage local counsel and achieve consistent and cost-effective results that align with the goals of our clients. We regularly appear before coordinating and trial judges and litigation special masters, across the nation.

Bare Metal Defense

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

In the case Devries, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment, such as valves, pumps and steam traps. He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court's Devries decision has changed the landscape of asbestos litigation and may influence the way courts in other jurisdictions tackle the issue of third-party parts that manufacturers add to equipment. The Court stated that this application of the bare-metal defense is "cabined" in maritime law but left open the possibility for other federal circuits to apply this doctrine to cases that are not maritime.

This decision was the first time that a federal appeals court applied the bare metal defense in an asbestos lawsuit, and is quite a departure from the norms of product liability law. The majority of courts have interpreted "bare metal" as a rejection of the obligation of a manufacturer to inform about the potential harms caused by replacement parts it did't manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop strategies for litigation, manage regional and local counsel, and ensure an efficient, cost-effective defense in accordance with their goals. Our lawyers are invited to speak at conferences for industry professionals on the most important issues that affect 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 to be effective in reducing exposure and legal spend for our clients.

Expert Witnesses

A person with specialized knowledge, skills or experience can be an expert witness. They offer independent assistance to courts by providing an unbiased opinion on matters within their field of expertise. He should clearly state the facts or assumptions on which his opinions are based and must not fail to consider issues that might affect his opinions.

In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the evaluation of the claimant's health and the identification of any connection between their condition and a known source of exposure. A lot of the diseases caused by asbestos are extremely complicated, requiring the expertise of experts in the field. This can include doctors and nurses, pharmacists, toxicologists or occupational health specialists, epidemiologists and pharmacists.

Experts are there to offer an impartial technical support, whether they are representing the defense or the prosecution. He should not assume the role as an advocate and should not try to influence or convince the jury to support his client. The duty to the court supersedes the obligations he has to his client. He should not attempt to promote an argument or seek evidence to justify it.

The expert should work with the other experts to eliminate any peripheral issues and reduce any technical issues. The expert should also co-operate with the experts who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint declaration of experts ordered by the court.

After his examination in chief the expert must explain his conclusions and the reasoning behind them in a clear and easy-to-understand manner. He is expected to be able to respond questions from the prosecution or judge and should be prepared to discuss any issues that are raised on cross-examination.

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

Medical Experts

Due to the latency issues that arise between asbestos exposure and the onset of symptoms, expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that can span decades and connect hundreds or even dozens of defendants. It is nearly impossible for an individual to prove their case without the help of experts.

Medical and other scientists are required to determine the extent of a person's exposure, evaluate their medical conditions and offer insight into possible health issues that could arise in the future. These experts are vital to any case, and must be thoroughly examined and knowledgeable about the subject. The more experience an expert in medicine or science has, the more persuasive they will be.

Asbestos cases usually require an expert from a medical or scientific field to review the medical records of the plaintiff and conduct a physical examination. Experts can verify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.

It could be necessary to consult other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can employ advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in the workplace or at home and compare these to legal exposure standards.

These experts can be very useful in defending companies that produce or distribute asbestos-related products. They often are able to demonstrate that plaintiffs' exposure levels were below the legal limits and that there was not evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.

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