The No. #1 Question That Everyone In Asbestos Litigation Defense Should Be Able Answer

Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough review of a plaintiff's history of work, medical records and testimony. We often use a bare metal defense, which focuses on proving that your company didn't manufacture or sell asbestos-containing products that are the subject of the claimant's lawsuit.

Asbestos cases require an exclusive method and a persistent approach to achieve successful results. We serve as local, regional and national counsel.

Statute of limitations

The majority of lawsuits have to be filed within a specified timeframe, referred to as the statute of limitations. In asbestos cases the deadline to file a lawsuit is between one and 6 years after the victim is diagnosed with an asbestos-related disease. It is essential for the defense to prove that the alleged injury occurred within the timeframe. This often requires a thorough examination and analysis of the plaintiff's employment background, including interviews with former coworkers and a thorough review of Social Security and union records as well as tax, tax, and other records.

Defending asbestos cases involves many complicated issues. For instance, asbestos-related victims typically develop a less serious illness such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these instances an attorney for defense will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably should have known that their exposure to asbestos caused the disease.

These cases are made more complex because the statute of limitations may vary from state to state. In these cases an experienced mesothelioma lawyer will try to file the case in the state where most of the exposure alleged occurred. This can be a challenging task as asbestos patients often moved across the country to obtain jobs, and the claimed exposure may have taken place in multiple states.

The discovery process is difficult 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 often many parties involved. It can be difficult to get meaningful discovery when there are multiple defendants and the plaintiff's theory stretches over decades.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with local and regional counsel to formulate a strategy for litigation and manage local counsel to obtain consistent, cost-effective outcomes, in coordination with the client's goals. We regularly appear before coordinating and trial judge, as well as litigation masters, across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines valves and pumps have defended themselves against asbestos lawsuits by asserting the "bare metal" doctrine or the component part doctrine. This defense holds that a company cannot be held responsible for asbestos-related injuries caused by replacement components that the company didn't design or install.

In the case Devries, a Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on 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 a few years later.

The Supreme Court's Devries decision has altered the landscape of asbestos litigation and could affect the way the courts in other jurisdictions deal with the issue of third-party components manufacturers add to equipment. The Court declared that the use of the bare-metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to non-maritime cases also.

This was the first time a federal appellate court used the"bare-metal" defense in an asbestos case, and it is a significant departure for traditional product liability laws. The majority of courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to inform about harms caused by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We help our clients develop litigation strategies, manage regional and local counsel, and provide an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys also present at conferences for industry professionals on the key issues affecting asbestos litigation. Our firm has a long history of 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 decreasing our clients' risk and legal costs.

Expert Witnesses

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

In cases where asbestos exposure is suspected medical experts may be required to evaluate the claimant's health and determine any causal connections between the condition and the alleged source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of experts in the field. This can include nurses and doctors, pharmacists, toxicologists or occupational health specialists, epidemiologists, and pharmacists.

Experts are there to offer impartial technical assistance, 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 in favour of his client. He should not attempt to convince jurors or make an argument.

which asbestos litigation is best  should work with the other experts to address any issues that are peripheral and identify any technical issues. The expert should also cooperate with those instructing him in identifying areas of agreement and disagreement for the purpose of the joint statement of experts commissioned by the court.

The expert must at the conclusion of his examination chief, discuss his conclusions and the reasons for the conclusions in a manner that is clear and easy to comprehend. He should be able to answer questions from either the judge or prosecution and be willing to answer all questions that were raised during cross-examination.

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

Medical Experts

Due to the latency issues that arise between asbestos exposure and beginning of symptoms experts play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injury that can span decades and link 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.

Medical and other scientific experts are necessary to assess the extent of a person's exposure, evaluate their medical conditions and offer insight into possible health issues that could arise in the future. Experts like these are essential to any case, and they must be thoroughly checked and knowledgeable in the field they are working in. The more experience an expert in medicine or science has the more convincing he is.

In a majority of asbestos cases, a medical expert or scientist is required to look over the claimant's records and perform an examination. Experts can verify whether asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

Other experts, such as industrial hygienists could be required to assist in establishing the existence of asbestos-related exposure levels. They can employ advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare these to legal exposure standards.

These experts can also prove valuable 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 liability.

Other experts who could be involved in these cases are environmental and occupational specialists. They can provide information into the safety protocols that are in place at a specific workplace or company and how they are related to asbestos manufacturers' liability. These experts can determine, for instance, that the materials used in a remodel project may contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to be released.