What Do You Think? Heck Is Asbestos Litigation Defense?
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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 as well as their work history, and testimony. We typically use a bare metal defense that focuses on arguing your company didn't manufacture or sell the products containing asbestos at issue in the claimant's lawsuit.
Asbestos cases require a distinctive approach and a determined 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, the deadline for filing a lawsuit is anywhere between one and 6 years after a victim is diagnosed with an asbestos-related illness. For the defense, it is important to establish that the alleged injury or death did not occur prior to this timeframe. In most cases, this involves an exhaustive review of the plaintiff's employment history, which includes interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.
Defending asbestos cases involves many complicated issues. For instance, asbestos-related victims typically develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these instances, 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 known that their asbestos exposure caused the disease.
These cases are complicated by the fact the statute of limitations may vary from state to state. In these instances, a seasoned lawyer for mesothelioma will try to present the case in the state where the bulk of the exposure alleged to have taken place. This is a difficult task as asbestos sufferers typically travel around the country to find jobs, and the alleged exposure could have occurred in several states.
In addition, the process of discovery is challenging in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Rather than a few defendants in the majority of cases, there are usually dozens of parties involved. This means it is often difficult to obtain an accurate discovery in these cases, particularly when the plaintiff's argument for injuries spans decades and connects many defendants.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and produce consistently cost-effective results while coordinating with client goals. We regularly appear before coordination and trial judges as well as special masters of litigation, across the country.
Bare Metal Defense
In the past, manufacturers of turbines, boilers, pumps and valves have defended themselves from 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 injuries resulting from replacement parts that they did not design or manufacture.
In the case Devries v. Devries, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets for equipment like pumps, valves and steam traps (Equipment defendants). He claimed that asbestos was ingested when working at the plant and was diagnosed with mesothelioma several years later.
The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation and could affect how courts in other jurisdictions tackle the issue of third-party parts that manufacturers include in their equipment. 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 decision was the first time a federal appeals court used the defense of bare metal in an asbestos Lawsuit (villadsen-dickey.thoughtlanes.net), and represents an important departure from the traditional product liability law. Most courts have interpreted the "bare metal" defense as rejecting the responsibility of a manufacturer to warn about harm caused by replacement parts that it did not create or sell.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our client develop litigation strategies, manage regional and local counsel, and provide an efficient, cost-effective defense in coordination with their objectives. Our lawyers also speak at industry conferences about major issues shaping asbestos lawyers litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, judges and special masters of litigation. Our unique approach has proven to be successful in reducing exposure and legal expenses for our clients.
Expert Witnesses
A person with specialized knowledge, skills or experience can be an expert witness. They provide independent assistance to a court by offering an impartial opinion on matters that are within their area of expertise. He must be able to clearly articulate the facts or assumptions upon the basis of his opinion and should not omit to consider issues that could affect his conclusions.
In the event that asbestos exposure is suspected medical experts may be required to help evaluate the claimant's condition and identify any causal link between the condition and the identified source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of specialists. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.
In the event of a prosecution or defence the role of an expert is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury in favor of his client. He should not attempt to convince jurors or make an argument.
The expert should co-operate with the other experts in trying to narrow any technical issues at an early stage and eliminate any other peripheral matters. The expert should also work with those who are instructing him to identify areas of agreement and disagreement in the joint statement of expert ordered by the court.
The expert must finish his examination, present his conclusions and the reasoning behind them in a manner that is clear and understandable. He should be able to answer questions from either the judge or the prosecution, and be willing to address all points raised during cross-examination.
Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can advise and manage national and regional defense counsel as well as local and regional experts and witnesses. Our team is regularly in front of coordinating judges in asbestos litigation across the nation as well as trial judges and special Masters.
Medical Experts
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the time lag between exposure to asbestos lawyer and the initial symptoms. Asbestos cases typically involve complicated theories of injuries that stretch for decades and connect hundreds or even dozens of defendants. Because of this, it's nearly impossible for a plaintiff to establish their case without the assistance of experts.
Experts in the field of medicine and other science are required to determine the extent of a person's exposure and medical condition, and also to provide information on future health issues. These experts are vital to any case, and must be thoroughly checked and knowledgeable in the field they are working in. The more experience the medical or scientific expert has the more convincing they will be.
In many asbestos cases, a medical expert or scientist is required to look over the records of the claimant and conduct an examination. Experts can testify to whether the claimant's exposure asbestos was enough to trigger a particular medical condition like mesothelioma, lung cancer, or other forms of scarring on the lungs and respiratory tract (e.g., pleural plaques).
Other experts like industrial hygienists could be required to assist in establishing asbestos-related exposure levels. They can utilize advanced sampling and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare these levels to legal exposure standards.
These experts can be very useful in defending companies that produce or distribute asbestos-related products. They are often in a position to prove that plaintiffs' exposure levels were lower than the limits set by law and that there was no evidence of negligence on the part of the employer or manufacturer liability for the product.
Other experts involved in these cases include occupational and environmental specialists who can provide insight on the safety procedures at a particular workplace or company, and how they are related to the liability of asbestos manufacturers. For example, these experts can determine that materials used in renovation disturbed during a remodel project are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and then be inhaled.
To defend companies against asbestos-related lawsuits, it is necessary to examine the medical records of the plaintiff as well as their work history, and testimony. We typically use a bare metal defense that focuses on arguing your company didn't manufacture or sell the products containing asbestos at issue in the claimant's lawsuit.
Asbestos cases require a distinctive approach and a determined 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, the deadline for filing a lawsuit is anywhere between one and 6 years after a victim is diagnosed with an asbestos-related illness. For the defense, it is important to establish that the alleged injury or death did not occur prior to this timeframe. In most cases, this involves an exhaustive review of the plaintiff's employment history, which includes interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.
Defending asbestos cases involves many complicated issues. For instance, asbestos-related victims typically develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these instances, 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 known that their asbestos exposure caused the disease.
These cases are complicated by the fact the statute of limitations may vary from state to state. In these instances, a seasoned lawyer for mesothelioma will try to present the case in the state where the bulk of the exposure alleged to have taken place. This is a difficult task as asbestos sufferers typically travel around the country to find jobs, and the alleged exposure could have occurred in several states.
In addition, the process of discovery is challenging in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Rather than a few defendants in the majority of cases, there are usually dozens of parties involved. This means it is often difficult to obtain an accurate discovery in these cases, particularly when the plaintiff's argument for injuries spans decades and connects many defendants.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and produce consistently cost-effective results while coordinating with client goals. We regularly appear before coordination and trial judges as well as special masters of litigation, across the country.
Bare Metal Defense
In the past, manufacturers of turbines, boilers, pumps and valves have defended themselves from 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 injuries resulting from replacement parts that they did not design or manufacture.
In the case Devries v. Devries, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets for equipment like pumps, valves and steam traps (Equipment defendants). He claimed that asbestos was ingested when working at the plant and was diagnosed with mesothelioma several years later.
The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation and could affect how courts in other jurisdictions tackle the issue of third-party parts that manufacturers include in their equipment. 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 decision was the first time a federal appeals court used the defense of bare metal in an asbestos Lawsuit (villadsen-dickey.thoughtlanes.net), and represents an important departure from the traditional product liability law. Most courts have interpreted the "bare metal" defense as rejecting the responsibility of a manufacturer to warn about harm caused by replacement parts that it did not create or sell.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our client develop litigation strategies, manage regional and local counsel, and provide an efficient, cost-effective defense in coordination with their objectives. Our lawyers also speak at industry conferences about major issues shaping asbestos lawyers litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, judges and special masters of litigation. Our unique approach has proven to be successful in reducing exposure and legal expenses for our clients.
Expert Witnesses
A person with specialized knowledge, skills or experience can be an expert witness. They provide independent assistance to a court by offering an impartial opinion on matters that are within their area of expertise. He must be able to clearly articulate the facts or assumptions upon the basis of his opinion and should not omit to consider issues that could affect his conclusions.
In the event that asbestos exposure is suspected medical experts may be required to help evaluate the claimant's condition and identify any causal link between the condition and the identified source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of specialists. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.
In the event of a prosecution or defence the role of an expert is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury in favor of his client. He should not attempt to convince jurors or make an argument.
The expert should co-operate with the other experts in trying to narrow any technical issues at an early stage and eliminate any other peripheral matters. The expert should also work with those who are instructing him to identify areas of agreement and disagreement in the joint statement of expert ordered by the court.
The expert must finish his examination, present his conclusions and the reasoning behind them in a manner that is clear and understandable. He should be able to answer questions from either the judge or the prosecution, and be willing to address all points raised during cross-examination.
Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can advise and manage national and regional defense counsel as well as local and regional experts and witnesses. Our team is regularly in front of coordinating judges in asbestos litigation across the nation as well as trial judges and special Masters.
Medical Experts
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the time lag between exposure to asbestos lawyer and the initial symptoms. Asbestos cases typically involve complicated theories of injuries that stretch for decades and connect hundreds or even dozens of defendants. Because of this, it's nearly impossible for a plaintiff to establish their case without the assistance of experts.
Experts in the field of medicine and other science are required to determine the extent of a person's exposure and medical condition, and also to provide information on future health issues. These experts are vital to any case, and must be thoroughly checked and knowledgeable in the field they are working in. The more experience the medical or scientific expert has the more convincing they will be.
In many asbestos cases, a medical expert or scientist is required to look over the records of the claimant and conduct an examination. Experts can testify to whether the claimant's exposure asbestos was enough to trigger a particular medical condition like mesothelioma, lung cancer, or other forms of scarring on the lungs and respiratory tract (e.g., pleural plaques).
Other experts like industrial hygienists could be required to assist in establishing asbestos-related exposure levels. They can utilize advanced sampling and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare these levels to legal exposure standards.
These experts can be very useful in defending companies that produce or distribute asbestos-related products. They are often in a position to prove that plaintiffs' exposure levels were lower than the limits set by law and that there was no evidence of negligence on the part of the employer or manufacturer liability for the product.
Other experts involved in these cases include occupational and environmental specialists who can provide insight on the safety procedures at a particular workplace or company, and how they are related to the liability of asbestos manufacturers. For example, these experts can determine that materials used in renovation disturbed during a remodel project are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and then be inhaled.
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