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Asbestos Litigation Defense

To defend companies against asbestos litigation and claims, it is essential to look into the medical records of the plaintiff, work history, and testimony. We typically use a bare metal defense that focuses on the fact that your company didn't make or sell asbestos-containing products that are at issue in the claimant's lawsuit.

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

Statute of limitations

The majority of lawsuits must be filed within a specified time frame, also known as the statute of limitations. In asbestos cases the deadline for filing a lawsuit is between one and 6 years after a person is diagnosed with an asbestos-related illness. It is crucial for the defense to show that the alleged injury occurred after the deadline. Often, this requires 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 a number of complex issues. Asbestos victims may suffer from a less severe illness, such asbestosis, before being diagnosed with a fatal illness like mesothelioma. In these instances, a defense attorney will argue that the limitation period should begin when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos caused the disease.

The complex nature of these cases is complicated by the fact that the statute of limitations can vary between states. In these cases, an experienced mesothelioma lawyer may try to bring the case to the state in which the majority of the exposure is believed to have taken place. This is a difficult task, as asbestos victims frequently travel across the country looking for work, and the exposure could have occurred in multiple states.

The discovery process can be difficult in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of just a few defendants, as what is asbestos litigation (visit website) the case in most cases, there are usually many parties involved. This means it is often difficult to obtain an accurate discovery 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 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 line with the goals of the client. We frequently appear in front of coordinating and trial judge, as and litigation masters across the country.

Bare Metal Defense

The past has seen manufacturers of boiler, turbine, pump and valve equipment have defended themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts that they did not install or manufacture.

In the case of Devries v. Devries, the Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's duties 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, What is Asbestos Litigation and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has changed the landscape of latest asbestos litigation litigation and could affect the way courts in other jurisdictions tackle the issue of third-party components that 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 could apply this doctrine to cases that are not maritime also.

This was the first time that a federal appellate court ruled on the"bare-metal" defense in a case involving asbestos, and it's a major departure for traditional product liability laws. Most courts have interpreted "bare metal" as a rejection of the responsibility of a manufacturer to warn about harms caused by replacement parts it did not manufacture 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 in developing strategies for litigation, manage local and regional counsel, and achieve an efficient, cost-effective defense in accordance with their goals. Our lawyers also speak at industry conferences on important issues that influence asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has been effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

An expert witness is a person 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 expertise. He should clearly state his views and the evidence or assumptions that he is basing it on. He should also not overlook any aspects that might affect his conclusions.

In cases involving allegations of exposure to asbestos, medical professionals are often asked to assist in the assessment of the claimant's illness and the identification of any causal link between their condition and a known source of exposure. Many of the illnesses associated with asbestos are very complex, requiring the expertise of experts in the field. This can include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health professionals.

Experts are available to provide impartial technical assistance, whether they represent the prosecution or the defense. He should not serve as an advocate or try to influence the jury in favor of his client. He should not try to convince jurors or promote an argument.

The expert should work with other experts to resolve any peripheral issues and reduce any technical issues. The expert should also co-operate with those instructing him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts commissioned by the court.

After his main examination, the expert should present his conclusions and the reasoning behind them in a clear and comprehensible manner. He should be prepared to answer questions from either the prosecution or judge, and be prepared 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 attorneys are able to assist and manage national and regional defense counsel, as well as regional and local experts and witnesses. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation across the nation.

Medical Experts

Due to the issues of latency that occur between asbestos class action litigation exposure and onset of symptoms Expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that span decades and involve hundreds or dozens of defendants. Because of this, it's nearly impossible for a plaintiff to establish their case without the help of experts.

Medical and other experts in the field are required to determine the extent of an individual's exposure, evaluate their medical conditions and provide information about the possibility of future health issues. These experts are vital to any case, What is Asbestos Litigation and they must be thoroughly examined and educated in the field they are working in. The more experience an expert in science or medicine has, the more persuasive the expert is.

In a majority of asbestos cases, a medical expert or scientist is required to look over the records of the claimant and conduct a physical exam. These experts can testify as to whether exposure to asbestos was sufficient to cause a particular medical condition such as mesothelioma, lung cancer, or other forms of scarring on the lungs and respiratory tract (e.g. plaques in the pleural cavity).

It is possible to consult other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can use advanced analytical and sampling techniques to compare airborne asbestos levels at the workplace or at home with the standards for exposure that are legally required.

They can be valuable in defending companies who produce or distribute asbestos-related products. They are usually capable of proving that plaintiffs' exposure levels were lower than the limits set by law and that there was not evidence of employer negligence or product manufacturer responsibility.

Other experts in these instances include environmental and occupational experts who can provide insights on the safety procedures at a particular work site or company and how these protocols are related to the liability of asbestos manufacturers. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and be inhaled.