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Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough analysis of a plaintiff's work history, medical records and testimony. We often employ the bare metal defense which is based on the argument that your company didn't manufacture, sell or distribute the asbestos-containing products that are at issue in a claimant's case.

Asbestos cases require a unique approach and a tenacious approach to achieve successful results. We serve as local, regional and national counsel.

Statute of limitations

The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases the deadline to file a lawsuit is between one and six years after a person is diagnosed with an asbestos-related illness. It is essential for the defense to show that the alleged injury occurred within the timeframe. Often, this requires conducting a thorough review of the plaintiff's work background, including interviews with former colleagues and the careful examination of Social Security, union, Asbestos Defense Litigation tax and other documents.

Defending an asbestos case involves a number of complex issues. For instance, asbestos victims typically suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal illness such as mesothelioma. In these situations, a lawyer for defense will argue that the statute of limitations should start when the victim was aware 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 vary between states. In these cases, a seasoned lawyer for mesothelioma will try to bring the case to a state where the majority of the exposure is believed to have taken place. This can be a challenging task because asbestos victims often moved across the country in search of jobs, and the claimed exposure could have occurred in multiple states.

The discovery process can be difficult in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Rather than a few defendants, as is the case in most cases, there are usually dozens of people involved. It is often difficult to obtain relevant information when there are multiple defendants, and the plaintiff's case extends over a long period of time.

The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with regional and local counsel to develop litigation strategy, manage local counsel and achieve consistent, cost-effective results in accordance with the goals of the client. We frequently appear before the trial judge and the coordinating judge as also litigation masters across the country.

Bare Metal Defense

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

In the case of Devries, a worker at an Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed that he was exposed to asbestos law and litigation when working at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has changed the landscape of asbestos litigation, and could influence the way courts in other jurisdictions approach the issue of third-party components manufacturers include in their equipment. The Court declared that the use of the bare-metal defense in this instance is "cabined" to maritime law, but left open the possibility that other federal circuits will apply this principle to non-maritime cases also.

This was the first time that a federal appeals court used the defense of bare metal in a lawsuit involving asbestos, and is a significant departure from traditional product liability law. The majority of courts have interpreted the "bare metal" defense as rejecting the obligation of a manufacturer to warn about harm caused by replacement parts that they did not make 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 strategies for litigation, manage regional and local counsel, and provide an effective, cost-effective and consistent defense in line with their goals. Our attorneys participate in conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm's experience includes representing clients in every state and collaborating with coordinating judges and trial courts, as well as special masters. Our unique method has proven effective in decreasing our clients' risk and legal costs.

Expert Witnesses

A person who has specialized expertise, skills or experience is an expert witness. They provide impartial assistance to courts by providing an objective opinion on matters that are within their field of expertise. He should clearly state the facts or assumptions upon the basis of his opinion and should not be oblivious to look into matters that could affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the evaluation of the claimant's condition and to determine if there is a causal connection between their condition and a known source of exposure. A lot of the diseases associated with asbestos are very complex, and require the expertise of experts in the field. This could include pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health specialists.

In the event of a defense or prosecution the role of an expert is to provide impartial technical assistance. He should not act as an advocate or attempt to influence the jury to favor his client. The duty to the court overrides his obligations to his client, and he should not attempt to promote an argument or locate evidence to back it.

The expert should work with other experts in attempting to reduce any technical issues at a very early stage and eliminate any peripheral matters. The expert should also collaborate with the people who instruct him to determine areas of agreement and discord in the joint statement of the expert commissioned by the court.

After his chief examination the expert should be able to explain his conclusions and the reasons behind them in a clear and easy-to-understand way. He should be prepared to answer questions from either the judge or prosecution and be willing to discuss all issues raised during cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos defense litigation; More Help, litigation. Our attorneys are able to assist 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, trial judges, and special masters of asbestos law and litigation litigation across the country.

Medical Experts

Expert witnesses are crucial in cases involving asbestos-related injuries due to the time lag between exposure to asbestos and initial symptoms. Asbestos cases typically involve complicated theories of injuries that stretch for decades and involve hundreds or dozens of defendants. It is nearly impossible for an individual to prove their case without the assistance of experts.

Medical and other scientific experts are essential to determine the extent of a claimant's exposure, assess their medical conditions, and provide insight into the possibility of future health issues. These experts are crucial to any case and should be thoroughly checked and knowledgeable of the field of study. The more experience an expert in medical or scientific fields has the more persuasive they will be.

Asbestos cases often require a medical or scientific expert to examine the medical records of the plaintiff and conduct a physical exam. Experts can testify as to whether the claimant's exposure to asbestos was enough to cause a particular medical condition like mesothelioma, lung cancer, or other forms of scarring that affects the lungs and respiratory tract (e.g., pleural plaques).

It could be necessary to seek out other experts, like industrial hygienists to determine if there is asbestos exposure levels. They can use advanced sampling and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare them to the legal exposure standards.

These experts are also useful when defending companies who manufactured or distributed asbestos-related goods as they often have the capability of demonstrating that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts in these instances include environmental and occupational experts who can provide insight into the adequacy of safety protocols at a specific work site or company and how they relate to asbestos manufacturers' liability. These experts can, for example, establish that renovation materials damaged during the course of remodeling could contain asbestos, or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to be released.