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Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough review of the plaintiff's employment history, medical records and testimony. We typically use a bare metal defense that focuses on arguing your company did not manufacture or sell asbestos-containing products that are in the plaintiff's lawsuit.

Asbestos cases are unique and require an aggressive approach to achieve successful results. We are local, regional, and national counsel.

Statute of Limitations

The statute of limitations is a period within which the majority of lawsuits have to be filed. For asbestos cases, this means that the deadline for filing a lawsuit is between one and six years after the victim becomes diagnosed with an asbestos lawsuit-related disease. It is important for the defense to show that the alleged injury occurred within the timeframe. This usually requires a thorough examination and analysis of the plaintiff's employment history, including interviews of former coworkers, and a careful study of Social Security and union records as well as tax and tax records.

The process of defending an asbestos case involves a number of complex issues. For instance, asbestos attorneys victims typically suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness such as mesothelioma. In these instances, the defense attorney will argue the statute of limitation should begin when the victim knew or should have reasonably believed that exposure to asbestos causes their disease.

The difficulty of these cases is complicated by the fact that the statute of limitations can vary between states. In these instances, an experienced mesothelioma lawyer will attempt to start the case in the state where the bulk of the alleged exposure occurred. This can be a daunting task, as asbestos victims typically travel around the country to find work and the alleged exposure could have occurred in multiple states.

In addition, the process of discovery is challenging in asbestos litigation. Unlike other personal injury cases, which typically have only a handful of defendants, asbestos-related litigation usually involves a number of parties. 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 serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to develop strategies for litigation and manage local counsel and achieve efficient and consistent results that align with the goals of our clients. We frequently appear before coordinating and trial judge, as and litigation masters across the nation.

Bare Metal Defense

In the past, manufacturers of boilers, turbines pumps and valves have defended themselves against asbestos lawsuits by arguing what is known as "bare metal" doctrine or component part doctrine. This defense holds that a manufacturer can't be held responsible for asbestos-related injuries resulting from replacement components that the company did not design or install.

In the case of Devries, the Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets on equipment like valves, pumps and steam traps (Equipment Defendants). He claimed that asbestos exposure occurred when working at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has altered the legal landscape for asbestos lawsuit litigation, and could influence how the courts in other jurisdictions deal with the issue of third-party components that manufacturers include in their equipment. The Court declared that the use of the bare-metal defense in this context is "cabined" to maritime law, but left open the possibility that other federal circuits could apply this doctrine to cases that are not maritime as well.

This decision was the first time a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and is an important departure from the traditional product liability law. Most courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a company to warn about harm caused by replacement parts that it did not manufacture or sell.

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

Expert Witnesses

An expert witness is one who is specialized in his expertise, knowledge or experience and provides independent assistance to the court by way of an objective opinion regarding matters within his area of expertise. He should clearly state his views and the evidence or assumptions he is basing it on. He should also not overlook any aspects that could influence his conclusions.

In cases that involve 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 connection between their condition and a known source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This could include nurses and doctors, pharmacists, toxicologists or occupational health specialists, epidemiologists and pharmacists.

Experts are there to offer impartial technical assistance, whether they represent the defense or the prosecution. He should not assume the position of an advocate or seek to influence or convince a jury to favor his client. He should not attempt to convince the jury or advocate for an argument.

The expert should work with the other experts to address any peripheral issues and reduce any technical issues. The expert should also work with the people who instruct him to determine areas of agreement and discord in the joint statement of expert ordered by the court.

The expert must at the conclusion of his examination, present his conclusions and the reasons for the conclusions in a manner that is clear and understandable. He should be able to answer questions from either the judge or prosecution and be able to answer all questions that are raised during cross-examination.

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

Medical Experts

Due to the issues of latency that occur between asbestos exposure and the onset of symptoms, expert witnesses play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that span decades and involve dozens or hundreds of defendants. It is almost impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other experts in the field are necessary to assess the extent of a claimant's exposure, evaluate their medical conditions and provide information about potential future health problems. Experts like these are essential to any case and must be thoroughly checked and knowledgeable in the field they are working in. The more experience an expert in medical or scientific fields has the more convincing they will be.

Asbestos cases typically require an expert from a medical or scientific field to review the medical records of the plaintiff and conduct a physical examination. These experts can testify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.

Other experts such as industrial hygienists could also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced analytical and sampling techniques to determine the amount of asbestos in the air at the workplace or at home with the standards for exposure that are legally required.

These experts can be very useful in defending companies that produce or distribute asbestos-related goods. They are usually able to demonstrate that the exposure levels of plaintiffs were lower than the limits set by law, and that there was no evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.

Other experts that could be involved in these cases include environmental and occupational specialists. They can provide insights into the safety protocols that exist at a particular workplace or company, and how they are related to the liability of asbestos producers. These experts could determine, for instance, that renovation materials disturbed in a remodel project may contain asbestos or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to be released.