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Asbestos Litigation Defense

In order to defend companies against asbestos-related lawsuits and claims, it is essential to examine the medical records of the plaintiff as well as their work history, and testimony. We typically use a bare metal defense that focuses on arguing your company didn't make or sell the products containing asbestos that are the subject of the claimant's lawsuit.

Asbestos cases are special and require a tenacious strategy to achieve success. We are local, regional, and national counsel.

Statute of Limitations

The majority of lawsuits must be filed within a certain time frame, also known as the statute of limitations. In asbestos cases the deadline to file a lawsuit is between one and 6 years after a victim is diagnosed with an asbestos-related illness. For the defense, it is important to prove that the alleged accident or death did not occur within this timeframe. This usually requires a thorough study and analysis of the plaintiff's employment history, including interviews of former coworkers, as well as an in-depth examination of Social Security and union records as well as tax and tax documents.

Defending asbestos cases involves a variety of complex issues. For instance, asbestos-related victims often develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness such as mesothelioma. In these cases, the defense attorney will argue the statute of limitation should begin when the victim knew or should have reasonably believed that exposure to asbestos caused their illness.

These cases are complicated due to the fact that the statute of limitations may differ from state to state. In these cases a mesothelioma lawyer who is experienced will try to bring the case in the state where most of the alleged exposure occurred. This is a difficult job, since asbestos victims frequently travel across the country to find jobs, and the alleged exposure could have occurred in a variety of states.

The process of establishing the facts isn't always easy in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of just a few defendants as in most cases, there are usually many people involved. As a result, it can be hard to find a meaningful discovery in these cases, particularly 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 formulate a strategy for litigation as well as manage local counsel and achieve consistent, cost-effective results in accordance with the goals of the client. We regularly appear before coordination and trial judges, as well as litigation special masters, across the country.

Bare Metal Defense

In the past, manufacturers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits by arguing the "bare metal" doctrine or component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries resulting from replacement parts they did not manufacture or install.

In the case Devries, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets for equipment like valves, pumps and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma several years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and may impact how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this case is "cabined" to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to cases that are not maritime as well.

This was the first time that a federal appellate court used the"bare-metal" defense in an asbestos attorney case, and it's a major departure for traditional product liability laws. Most courts have interpreted the "bare metal" defense as rejecting the obligation of a company to warn about harm caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits [recent Writeablog blog post] that impact the entire industry. We assist our clients to develop litigation strategies, manage local and regional counsel and ensure an effective, cost-effective and consistent defense in accordance with their goals. Our lawyers participate in industry conferences on major issues that affect asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with the coordinating judges and trial courts as well as litigation special masters. Our unique method has proven effective in cutting down on our clients' exposure 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 offering an impartial opinion on matters that are within their area of expertise. He should clearly state his opinion and the facts or assumptions that he is basing it on. He should also not overlook any aspect that could affect his conclusions.

In the event that asbestos lawsuit exposure is suspected medical experts could be required to help evaluate the claimant's condition and to determine any causal link between the condition and the identified source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of specialists. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.

In the event of a prosecution or defence the role of an expert is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury to favor his client. He should not attempt to convince the jury or advocate for an argument.

The expert should work with other experts to resolve any issues that are peripheral and reduce any technical issues. The expert should also cooperate with those instructing him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts ordered by the court.

The expert should, at the end of his examination chief, explain his conclusions and the reasons for them in a way that is clear and easy to comprehend. He should be prepared to answer questions posed by the judge or the prosecution, and be able to answer all questions that were raised during cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys can handle and advise regional and national defense counsel as well as local regional, expert witnesses and experts. Our team regularly appears before judges who are coordinating asbestos litigation across the country, as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that arise between asbestos lawsuit exposure and beginning of symptoms Expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that stretch for decades and connect hundreds or even dozens of defendants. This is why it is nearly impossible for a plaintiff to establish their case without the assistance of experts.

Experts in the fields of medicine and other sciences are required to determine the extent of a person's exposure and medical condition and also to provide information on future health issues. These experts are vital to any case, and they must be thoroughly checked and knowledgeable about the subject. The more experience a medical or scientific expert has the more convincing they will be.

Asbestos cases often require a medical or scientific expert to examine the medical records of the claimant and conduct a physical exam. Experts can verify whether asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.

Other experts such as industrial hygienists could be required to aid in establishing the existence of asbestos-related exposure levels. They can utilize advanced sampling and analytical techniques to assess the levels of asbestos in the air in the workplace or at home and compare these to legal exposure standards.

Experts of this kind can be extremely useful in defending companies that produced or distributed asbestos-related goods as they are often capable of proving that the exposure levels of plaintiffs were within legal limits and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts that could be involved in these instances are occupational and environmental experts. They can provide insights into the safety procedures which are in place at a particular workplace or business and how they relate to the liability of asbestos manufacturers. For example, these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos attorney, or that shaking out contaminated clothing can cause asbestos fibers release and be inhaled.