Three Greatest Moments In Asbestos Litigation Defense History

Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits, it is necessary to examine the plaintiff's medical records, work history and testimony. We often use the bare metal defense, which is focused on proving that your company was not able to manufacture, sell or distribute the asbestos-containing products at issue in the claimant's case.

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

Statute of limitations

The statute of limitations is a period within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is between one and 6 years after the victim is diagnosed with an asbestos-related condition. In order to defend the case it is essential to prove that the claimed injury or death did not occur prior to this timeframe. This usually requires a thorough review 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, as well as tax and tax documents.

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 cases an attorney for defense will argue that the time limit for a statute of limitations should begin when the person who suffers from asbestos knew or reasonably should have known that their exposure to asbestos caused the disease.

The complexity of these cases is also made more difficult by the fact that the time limit for filing a lawsuit may differ from state to state. In these instances, a seasoned mesothelioma lawyer will attempt to present the case in a state where the majority of the exposure is believed to have taken place. This may be a difficult task because asbestos victims frequently moved around the country to find work, and the alleged exposure could have occurred in multiple states.

The process of establishing the facts can be a challenge in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants as in most cases, there are typically several people involved. As a result, it is often difficult to get relevant evidence in these cases, especially when the plaintiff's argument for injuries spans decades and connects several different defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results, in coordination with the client's goals. We regularly appear before coordinating and trial judges as well as special masters of litigation across the nation.

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 component part doctrine. This defense states that a company cannot 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 filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's job included the removal and replacement insulation, steam traps and gaskets from equipment, such as 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 changed the course of asbestos litigation, and may impact how courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this instance is "cabined" to maritime law however, it left open the possibility that other federal circuits might apply this doctrine to non-maritime cases, as well.

This was the first time a federal appellate court ruled on the bare-metal defense in an asbestos case, and it is a significant departure for traditional law regarding product liability. Most courts have interpreted "bare metal" as a rejection of the obligation of a manufacturer to inform about the dangers posed by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop strategies for litigation, manage local and regional counsel, and ensure an effective, cost-effective and consistent defense in accordance with their goals. Our attorneys also speak at industry conferences on important issues that influence asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven to be effective in reducing legal expenses for our clients.

Expert Witnesses

An expert witness is one who is specialized in his skills, knowledge or experience and offers independent assistance to the court in the form of an impartial opinion on matters within his expertise. He must be able to clearly articulate the facts or assumptions upon which his opinions are based and should not be oblivious to consider issues that could detract from his concluded opinions.

In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's illness and the determination of any connection between their condition and the identified source of exposure. Many of the illnesses that are caused by asbestos are complicated, requiring the expertise of experts in the field. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health professionals.

Experts are available to provide an impartial technical support, whether they are representing the prosecution or the defence. He should not assume the position as an advocate, nor should he seek to influence or convince the jury in favour of his client. He should not try to convince jurors or make an argument.

The expert should work with the other experts in trying to resolve any technical issues at an early stage and eliminate any irrelevant matters. The expert should also collaborate with the people who instruct him to pinpoint areas of agreement and disagreement in the joint statement of expert ordered by the court.

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

Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can assist and advise national and regional defense counsel as well as local, regional and expert witnesses and experts. Our team regularly appears before trial judges, coordinating judges, and special masters of asbestos litigation across the country.

Medical Experts

Expert witnesses are vital in cases involving asbestos-related injuries due to the latency between exposure to asbestos and initial symptoms. Asbestos cases frequently involve complex theories of injury that can span decades and involve hundreds or even dozens of defendants. It is almost impossible for an individual to prove their case without the help of experts.

Medical and other scientists are necessary to assess the extent of a person's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are crucial in any case and should be well-vetted and familiar with the field of study. The more experience a medical or scientific expert has, the more persuasive they'll be.

Asbestos cases usually require an expert in science or medicine to analyze the medical records of the claimant and conduct a physical exam.  asbestos law and litigation  can determine if 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 establish the existence of asbestos exposure levels. They can utilize advanced sampling and analytical methods to assess the levels of asbestos in the air in a workplace or home and compare them to the legal exposure standards.

They can be valuable in defending companies who produce or distribute asbestos-related goods. They are usually in a position to prove that the levels of exposure for plaintiffs were not in the range of legal limits and that there was no evidence of employer negligence or the responsibility of the manufacturer of the product.

Other experts who could be involved in these instances are occupational and environmental experts. They can provide information into the safety protocols that exist at a particular work site or company and how they relate to the liability of asbestos producers. For example, these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and be inhaled.