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Asbestos Litigation Defense

In order to defend companies against asbestos-related lawsuits and claims, it is essential to look into the medical records of the plaintiff as well as their work history, and testimony. We often use the bare metal defense which is focused on proving that your company didn't manufacture, sell or distribute the asbestos-containing products that are at issue in the case of a claimant.

Asbestos cases are distinct and require a tenacious approach to achieving successful results. We serve as local, regional and national counsel.

Statute of Limitations

Most lawsuits must be filed within a certain time frame, also known as the statute of limitations. In asbestos cases, the deadline for filing an action is between one and 6 years after a person is diagnosed with an asbestos-related condition. It is important for the defense to show that the injury was sustained after the deadline. Often, this means an exhaustive review of the plaintiff's past work history, including interviews with former coworkers and the careful examination of Social Security, union, tax and other documents.

In defending an asbestos-related case, there are many complicated issues. Asbestos victims may develop a less severe disease, such as asbestosis, before being diagnosed with a fatal illness such as mesothelioma. In these instances the attorney representing the defense will argue that the limitation period should start when the victim realized or ought to have known that exposure to asbestos causes their illness.

The complexity of these cases is made more difficult by the fact that the time limit for filing a lawsuit may differ between states. In these cases, an experienced mesothelioma lawyer will attempt to bring the case to a state where the majority of the exposure alleged to have taken place. This can be a challenging task as asbestos sufferers typically travel around the country to find work, and the exposure could have occurred in several states.

Finally, the discovery process is a challenge in asbestos litigation. In contrast to other personal injury cases, which often involve only a few defendants, asbestos-related litigation usually involves a number of parties. As a result, it is often difficult to obtain relevant evidence in these cases, especially when the plaintiff's theory of injuries spans decades and involves multiple 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 local and regional counsel to develop litigation strategies and manage local counsel and achieve consistent and cost-effective results while coordinating with client 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, makers of boilers, turbines valves and pumps have defended themselves against asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or asbestos defense litigation the component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injuries caused by replacement parts they did not install or manufacture.

In the case Devries, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment like pumps, valves and steam traps. He claimed that he was exposed to asbestos litigation cases during his work in the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation and could affect the way that the courts in other jurisdictions deal with the issue of third-party components manufacturers add to equipment. The Court stated that the application of the bare metal defense in this context is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this doctrine to cases that are not maritime also.

This was the first time a federal appellate court used the"bare-metal" defense in an asbestos case, and it's a significant departure from the traditional law regarding product liability. The majority of courts have interpreted "bare metal" as a denial of the responsibility of a maker to warn about harms caused by replacement parts it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We help our client develop strategies for litigation, manage regional and local counsel, and provide an efficient, cost-effective defense in coordination with their objectives. Our attorneys also speak at conferences for industry professionals on the key issues affecting asbestos litigation. Our firm's experience includes defending clients in every state and collaborating closely with the coordinating judges, trial courts and litigation special masters. Our unique method has proven effective in reducing our clients' exposure and legal costs.

Expert Witnesses

A person with specific knowledge, skills or experience is an expert witness. They provide impartial assistance to courts by providing an unbiased opinion on issues within their expertise. He must clearly state the facts or assumptions on which his opinion is based and must not fail to consider issues that could affect his opinions.

In cases where asbestos exposure is alleged medical experts may be required to evaluate the claimant's health and determine any causal links 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 could include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health specialists.

In the event of a defense or prosecution the expert's job is to provide impartial technical assistance. Experts should not be an advocate or try to influence the jury in favor of his client. He should not attempt to convince jurors or advocate for an argument.

The expert should work with other experts to address any issues that are peripheral and identify any technical issues. The expert should also collaborate with the people who instruct him to pinpoint areas of agreement and discord for the joint statement of expert ordered by the court.

After his main examination the expert should be able to explain his conclusions and the reasoning behind them in a clear and easy-to-understand way. He should be ready to answer any questions from the judge or the prosecution, and be able to address all points that are raised during cross-examination.

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

Medical Experts

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

Experts in medicine and other sciences are required to determine the extent of an individual's exposure and their medical condition, and also to provide insight into future health issues. These experts are crucial to any case, and they must be thoroughly examined and knowledgeable about the subject. The more experience an expert in science or medicine has, the more persuasive they is.

Asbestos cases usually require a medical or scientific expert to analyze the medical records of the claimant 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, such as mesothelioma, lung cancer, or any other form of scarring that affects the respiratory tract and lungs (e.g. plaques in the pleural cavity).

It is possible to consult with other experts, such as industrial hygienists to establish the existence of asbestos exposure levels. They can use advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in a home or workplace and compare them to the legal exposure standards.

These experts can be very beneficial in defending companies that produce or distribute asbestos-related products. They often are capable of proving that plaintiffs' exposure levels were lower than the limits set by law, and that there was no evidence of negligence by the employer or product manufacturer responsibility.

Other experts that could be involved in these instances are occupational and environmental specialists. They can provide information into the safety guidelines that are in place at a specific work site or company and how they relate to the liability of Asbestos defense litigation (Seo-a1directory.Com) producers. These experts could, for example, establish that the materials used in the course of a remodel could contain asbestos, or shaking clothing contaminated with asbestos litigation cases could cause asbestos dust and asbestos fibers to be released.