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Asbestos Litigation Defense

To defend companies against asbestos litigation and claims, it is essential to review 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 or sell the asbestos-containing products in question in the claimant's case.

Asbestos cases are distinct and require an aggressive approach to achieving successful results. 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 anywhere between one and 6 years after a person is diagnosed with an asbestos-related illness. It is important for the defense to show that the alleged injury occurred within the timeframe. This typically requires a thorough review and examination of the plaintiff's employment history, which includes interviews with former coworkers, and an in-depth review of Social Security and union records, as well as tax, tax, and other documents.

Defending an asbestos case involves several complex issues. For instance, asbestos-related victims are more likely to suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these situations, a defense attorney will argue that the limitation period should begin when the victim was aware or reasonably ought to have known that their exposure to asbestos triggered the disease.

The difficulty of these cases is exacerbated by the fact that the time limit for filing a lawsuit may vary between states. In these instances, an experienced lawyer for mesothelioma will try to present the case in a state where the majority of the alleged exposure took place. This can be a challenging task because asbestos victims often moved across the country to find employment, and the alleged exposure may have taken place in multiple states.

Finally, the discovery process is challenging in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are typically dozens of people involved. It is often difficult to obtain meaningful information when there are multiple defendants, and the plaintiff's case stretches over decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and achieve consistently cost-effective results while coordinating with the goals of our clients. We regularly appear before coordination and trial judges, as well as litigation special masters, in jurisdictions across the country.

Bare Metal Defense

In the past, makers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer cannot be held responsible for asbestos attorney-related harms caused by replacement components that the company didn't design or install.

In the case of Devries, a worker at a Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets on equipment like pumps, valves and steam traps (Equipment defendants). He claimed that he was exposed to asbestos when working in the plant and was diagnosed with mesothelioma a few years afterward.

The Supreme Court's decision in Devries has changed the course of asbestos litigation, and could affect how courts in other jurisdictions deal with 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 is "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time an appeals court of the federal level has applied the bare metal defense in an asbestos lawsuit (visit this backlink), and is an important departure from the traditional product liability law. The majority of courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to inform about harms caused by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We help our clients develop strategies for litigation, manage regional and local counsel and achieve an efficient, cost-effective defense in coordination with their goals. Our attorneys also present at industry conferences about key issues affecting asbestos lawyer litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has been successful in reducing our clients' exposure and legal costs.

Expert Witnesses

A person with specialized expertise, skills or experience can be an expert witness. They provide impartial assistance to a court by providing an unbiased opinion on issues within their field of expertise. He should clearly state his opinions and the facts or assumptions he is basing it on. He should not overlook any aspect that might affect his conclusions.

In cases involving allegations of exposure to asbestos, medical experts are often required to assist in the assessment of the claimant's illness and to determine if there is a connection between their condition and the identified source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This could include doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.

Whether it is the defense or prosecution the expert's job is to provide impartial technical assistance. He should not assume the position of advocate, nor should he seek to influence or convince the jury to favor his client. He should not attempt to convince the jury or make an argument.

The expert should collaborate with the other experts to resolve any issues that are peripheral and narrow down any technical issues. The expert should also co-operate with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint statement of experts ordered by the court.

After completing his examination in chief, the expert should explain his conclusions and the reasons for them in a clear and easy-to-understand way. He should be able to answer questions from either the judge or the prosecution, and be prepared to address all points that were raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our attorneys can assist and advise national and regional defense counsel as in addition to local regional, expert witnesses and experts. Our team regularly appears before 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 onset of symptoms, expert witnesses are a crucial part in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that span decades and connect hundreds or even dozens of defendants. Because of this, it's nearly impossible for a plaintiff to establish their case without the help of experts.

Experts in the fields of medicine and other sciences are needed to evaluate the extent of an individual's exposure and medical condition and also to provide insight into future health issues. Experts like these are essential to any case and must be well-vetted and familiar with the relevant field. The more experience a medical or scientific expert has the more convincing they will be.

Asbestos cases typically require an expert from a medical or scientific field to analyze the claimant's medical records and conduct a physical examination. Experts can verify whether asbestos lawyer exposure caused a specific medical condition, such as mesothelioma or lung cancer.

It is possible to seek out other experts, such as industrial hygienists, in order to determine if there is asbestos exposure levels. They can use advanced analytical and sampling methods to evaluate the asbestos concentrations in the air at a workplace or home to legal exposure standards.

Experts of this kind can be extremely useful when defending companies who manufactured 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 negligence on the part of the employer or the manufacturer's responsibility.

Other experts involved in these cases include environmental and occupational experts who can provide insight into the adequacy of safety protocols at a specific work site or company and how these protocols are related to asbestos manufacturers' liability. They can be able to, for instance, prove that renovation materials disturbed in the course of remodeling could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos lawyers dust to be released.