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Asbestos Litigation Defense

To defend companies against asbestos-related lawsuits, it is necessary to review the plaintiff's medical records, work history and witness. We often use the bare metal defense which focuses on arguing that your company was not able to manufacture or sell the asbestos-containing products at issue in the claimant's case.

Asbestos cases are unique and require an aggressive approach to achieving successful results. We serve as local counsel, regional and national.

Statute of Limitations

The majority of lawsuits have to be filed within a specific time period, known as the statute of limitations. In asbestos cases the deadline to file an action is between one and six years after a victim is diagnosed with an asbestos litigation meaning-related illness. In order to defend the case it is essential to prove that the claimed injury or death did not occur prior to the timeframe. In most cases, this involves an exhaustive review of the plaintiff's work history, including interviews with former coworkers and the careful examination of Social Security, union, tax and other records.

Defending an asbestos case involves a number of complex issues. For example, asbestos victims often suffer from a less serious disease such as asbestosis before they are 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 victim was aware or reasonably should have known that their exposure to asbestos triggered the disease.

These cases are complicated by the fact the statute of limitations could vary from state to state. In these cases, a seasoned mesothelioma lawyer will attempt to bring the case to the state where the bulk of the exposure is believed to have taken place. This can be a daunting task as asbestos sufferers often move around the country in search of jobs, and the alleged exposure could have occurred in multiple states.

The process of establishing the facts can be difficult in asbestos litigation. Contrary to other types of personal injury cases, which typically contain only a few defendants, asbestos-related litigation usually involves dozens or more defendants. It can be difficult to get relevant discovery when there are multiple defendants, and the plaintiff's case stretches over decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to formulate a strategy for litigation and manage local counsel to obtain consistent, cost-effective outcomes in line with the goals of the client. We regularly appear before coordination and trial judges and litigation special masters, across the country.

Bare Metal Defense

In the past, manufacturers of turbine, boiler and pump equipment have sought to defend themselves in asbestos litigation by claiming a defense known as the "bare metal" or component part doctrine. This defense states 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, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment like valves, pumps and steam traps. He claimed that he was exposed to asbestos when working in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation and asbestos litigation defense - Dae Won blog entry, may impact how courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits might apply this principle to non-maritime cases also.

This was the first time a federal appeals court applied the bare metal defense in an asbestos lawsuit, and is a significant departure from traditional product liability law. The majority of courts have interpreted "bare metal" as a rejection of the obligation of a maker to warn about the dangers posed by replacement parts it did not make or sale.

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, oversee local and regional counsel and ensure an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys also speak at conferences for industry professionals on the important issues that influence asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, judges and special masters of litigation. Our unique approach has proven to be effective in reducing legal spend for our clients.

Expert Witnesses

An expert witness is someone 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 field of expertise. He should clearly state the facts or assumptions upon which his opinions are based and must not fail to consider matters which might affect his conclusions.

In cases where asbestos litigation cases; research by the staff of Dae Won, exposure is alleged medical experts may be required to assess the claimant's condition and to determine any causal connections between the condition and the source of exposure. A lot of the diseases that are caused by asbestos are complex, Homepage and require the expertise of specialists in the field. This includes doctors and nurses pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

In the event of a prosecution or defence the expert's job is to provide impartial technical assistance. He is not expected to assume the role of advocate or seek to influence or convince the jury to support his client. The obligation to the court supersedes the obligations he has to his client. He should not attempt to promote an argument or locate evidence to back it.

The expert should cooperate with other experts in attempting to resolve any technical issues at an early stage and eliminate any other peripheral issues. The expert should also co-operate with the experts 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.

After his main examination, the expert should explain his conclusions and the reasons for them in a clear and easy-to-understand manner. He must be able to answer questions from the prosecution or judge and should be willing 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 attorneys are able to counsel and manage regional and national defense counsel, as well as regional and local experts and witnesses. Our team appears regularly before the asbestos litigation judges who coordinate across the nation, as well as trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and onset of symptoms experts play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that span decades and involve dozens or even hundreds of defendants. Due to this, it is nearly impossible for a plaintiff to prove 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 provide information about the possibility of future health issues. Experts like these are essential to any case, and they must be thoroughly checked and educated in the field they are working in. The more experience the medical or scientific expert has the more persuasive they'll be.

Asbestos cases often require an expert from a medical or scientific field to analyze the claimant's medical records and conduct a physical examination. These experts can testify as to whether the claimant's exposure asbestos was sufficient to cause an illness that is specific to him, like mesothelioma, lung cancer, or other types of scarring in the lungs and respiratory tract (e.g., pleural plaques).

Other experts, such as industrial hygienists could also be needed to assist in establishing the existence of asbestos-related exposure levels. They can use advanced sampling and analytical techniques to assess the levels of asbestos litigation paralegal in the air in a workplace or home and compare these levels to legal exposure standards.

These types of experts can be extremely useful when defending companies who manufactured or distributed asbestos-related goods as they are often capable of demonstrating that the levels of exposure of plaintiffs were lower than legal limits and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts that could be involved in these cases include environmental and occupational specialists. They can provide insight into the safety procedures which are in place at a particular workplace or company and how they relate to asbestos manufacturers' liability. These experts could be able to, for instance, prove that renovation materials damaged during the course of remodeling could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos litigation group dust to be released.