Asbestos Litigation Defense

In order to defend companies against asbestos-related lawsuits in the future, it is essential to review the plaintiff's medical records, work history and witness. We typically use a bare metal defense, which focuses on proving that your company didn't manufacture or sell asbestos-containing products that are that are the subject of the claimant's lawsuit.

Asbestos cases require an exclusive method and a persistent strategy to achieve success. We are local counsel, regional and national.

Statute of limitations

The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases, this means that the legal deadline for filing is between one and six years after the victim is diagnosed with an asbestos-related disease. For the defense, it is important to prove that the claimed injury or death did not occur within this timeframe. This often requires a thorough study and examination of the plaintiff's employment history, which includes interviews with former coworkers, as well as a thorough examination of Social Security and union records as well as tax and tax records.

In defending asbestos cases, there are many complicated issues. Asbestos victims may suffer from a less severe disease, such as asbestosis, before they are diagnosed with a fatal illness like mesothelioma. In these instances, a lawyer for defense will argue that the statute of limitations should start when the person who suffers from asbestos litigation meaning knew or reasonably should have known that their asbestos exposure caused the disease.

These cases are made more complex by the fact the statute of limitations could differ from state to state. In these instances, a seasoned mesothelioma lawyer will attempt to present the case in the state in which the majority of the exposure is believed to have taken place. This can be a challenging task as asbestos patients often moved across the country to obtain work, and the alleged exposure could have occurred in several states.

The process of establishing the facts isn't always easy in asbestos litigation. Unlike other personal injury cases, which often contain only a few defendants, what Is Asbestos Litigation 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 theory is spanning 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 regional and local counsel to devise strategies for litigation and manage local counsel and achieve consistently cost-effective results while coordinating with the client's goals. We regularly appear in front of coordinating and trial judge, as also litigation masters across the country.

Bare Metal Defense

The past has seen manufacturers of boilers, turbines and pump equipment have sought to defend themselves in asbestos litigation by claiming the defense referred to as the "bare metal" or component part doctrine. This defense states that a company is not responsible for asbestos-related injuries resulting from replacement parts they did not install or manufacture.

In the case of Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment, such as pumps, valves, and steam traps. He claimed he was exposed 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 could affect how courts in other jurisdictions address the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court declared that the application of the bare-metal defense was "cabined" in maritime law but left open the possibility for other federal circuits to apply this doctrine to cases that are not maritime.

This was the first time that a federal appeals court used the defense of bare metal in an asbestos lawsuit, and is a significant departure from traditional product liability law. Most courts have interpreted this "bare metal" defense as a rejection of 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 for clients who are involved in multi-jurisdictional asbestos litigation. We assist our clients in developing strategies for litigation, manage local and regional counsel, and provide consistent, cost-effective defense that aligns with their goals. Our lawyers are invited to speak at industry conferences on important issues affecting asbestos litigation. Our firm's experience includes defending clients in every state and working closely with the coordinating judges and trial courts as well as litigation special masters. Our unique method has proven successful in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is someone who is specialized in his skills, knowledge or experience and offers independent assistance to the court with the aid of an impartial opinion on matters of his expertise. He should clearly state the facts or assumptions upon which his opinion is based and should not omit to consider issues that could affect his opinions.

In cases where asbestos exposure is alleged medical experts could be required to help evaluate the claimant's condition and to determine any causal connections between the condition and the source of exposure. Many of the ailments caused by asbestos are extremely complex, requiring the expertise of experts in the field. This could include nurses and doctors pharmacists, toxicologists, pharmacists, occupational health specialists, what is asbestos litigation epidemiologists, and pharmacists.

If it's the defense or prosecution the role of an expert is to provide impartial technical assistance. He is not expected to assume the role as an advocate and should not try to influence or persuade the jury to support his client. He should not try to convince jurors or advocate for an argument.

The expert should work with other experts to eliminate any issues that are peripheral and identify any technical issues. The expert should also cooperate with the experts who instruct him in identifying areas of agreement and disagreement for the purpose of the joint declaration of experts commissioned by the court.

The expert should finish his examination chief, explain his conclusions as well as the reasoning behind them in a way that is clear and understandable. He should be able to answer any questions from the judge or the prosecution, and be willing to discuss all issues raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can advise and manage regional and national defense counsel, as well as regional and local experts as well as witnesses. Our team is regularly in front of the coordinating judges, trial judges and special masters in asbestos litigation across the country.

Medical Experts

Due to the latency issues that arise between asbestos exposure and the beginning of symptoms, expert witnesses are a crucial part in any case that involves an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that stretch for decades and connect hundreds or dozens of defendants. Because of this, it's nearly impossible for a plaintiff to establish 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 medical condition, and also to give insight into the future health concerns. Experts like these are essential to any case and should be well-vetted and familiar with the subject matter. The more experience an expert in medical or scientific fields has the more persuasive they will be.

Asbestos cases typically require a medical or scientific expert to examine the medical records of the plaintiff and conduct a physical exam. Experts can testify to whether the claimant's exposure asbestos was enough to cause an illness that what is asbestos litigation - his explanation - specific to him, like mesothelioma, lung cancer, or other forms of scarring in the lungs and respiratory tract (e.g. plaques in the pleural cavity).

It is possible to seek out other experts, such as industrial hygienists, in order to establish the existence of asbestos exposure levels. They can use sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home to legal exposure standards.

These types of experts can be extremely useful in defending companies that produced or distributed asbestos-related products as they often have the capability of demonstrating that the levels of exposure of plaintiffs were below legal limits and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts who could be involved in these cases include environmental and occupational specialists. They can provide insight into the safety procedures that exist at a particular workplace or business, and how they connect to the liability of asbestos manufacturers. For example, these experts can establish that renovation materials damaged during a remodel are more likely to contain asbestos law & litigation or that shaking out contaminated clothing can cause asbestos fibers to release and become inhaled.