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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 witness. We often use the bare metal defense which focuses on arguing that your company was not able to manufacture, sell or distribute the asbestos lawyer-containing products at issue in the claimant's case.

Asbestos cases require a unique approach and a determined strategy to achieve success. We are local counsel, regional and national.

Statute of limitations

The statute of limitations is a time limit within which most lawsuits must be filed. For asbestos-related cases, this means that the statutory deadline for filing is between one and six years after a person is diagnosed with an asbestos-related disease. It is important for the defense to prove that the injury occurred after the deadline. Often, this requires conducting a thorough review of the plaintiff's employment history, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.

The process of defending asbestos cases involves many complicated issues. Asbestos victims may suffer from a less severe disease, such as asbestosis, prior to being diagnosed with a fatal disease like mesothelioma. In these instances the attorney representing the defense will argue the statute of limitation should begin when the victim realized or should have reasonably known that asbestos exposure caused their disease.

These cases are complicated because the statute of limitations can differ from state to state. In these instances a mesothelioma lawyer who is experienced will attempt to bring the case in the state where the majority of the alleged exposure occurred. This can be a challenging task as asbestos sufferers typically travel around the country looking for work, and the exposure could have occurred in multiple states.

Finally, the discovery process is difficult in asbestos litigation. Unlike other types of personal injury cases, which often contain only a few defendants, asbestos-related litigation usually involves dozens or more parties. It is often difficult to find a an accurate discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with local and regional counsel to develop litigation strategies, manage local counsel, and ensure efficient and consistent results in coordination with client goals. We frequently appear in front of the trial judge and the coordinating judge as well as litigation masters, across the country.

Bare Metal Defense

In the past, makers of turbines, boilers, pumps and valves have defended themselves from asbestos attorneys lawsuits by arguing the "bare metal" doctrine or component part doctrine. This defense argues that a manufacturer can't be held liable for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries v. Devries, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment such as pumps, valves, and steam traps. He claimed asbestos exposure occurred when working at the plant, and was diagnosed with mesothelioma several years later.

The Supreme Court's decision in Devries has altered the face 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 decision was the first time a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and represents an important departure from the traditional product liability law. Most courts have interpreted this "bare metal" defense as a rejection of the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts that they did not make 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 client develop litigation strategies, manage local and regional counsel and achieve a consistent, cost-effective defence in coordination with their objectives. Our lawyers also speak at industry conferences about important issues that influence asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They provide independent assistance to a court by providing an objective opinion on matters within their field of expertise. He should be able to clearly express his views and the facts or assumptions that he is basing it on. He should also not ignore any factors that could influence his conclusions.

In cases where asbestos exposure is suspected medical experts could be required to help evaluate the claimant's condition and to determine any causal links between the condition and the identified source of exposure. Many of the ailments caused by asbestos are extremely complicated, requiring the expertise of specialists in the field. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.

If it's the prosecution or defence the expert's job is to provide impartial technical assistance. He should not assume the position as an advocate, nor should he seek to influence or convince a jury to support his client. He should not try to convince the jury or promote an argument.

The expert should co-operate with the other experts when trying to narrow any technical issues at an early stage and eliminate any other peripheral issues. The expert should also work with those who instruct him to determine areas of agreement and disagreement for the joint declaration of the expert commissioned by the court.

The expert should finish his examination chief, explain his conclusions and the reasons behind them in a manner that is clear and easy to comprehend. He must be able to answer questions from the prosecution or judge and should be prepared to address any issues that are raised on cross-examination.

Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can counsel and manage national and regional defense counsel, as well as local and regional experts and witnesses. Our team appears regularly before judges who are coordinating asbestos litigation across the nation, as well as trial judges and special Masters.

Medical Experts

Expert witnesses are crucial in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and initial symptoms. Asbestos cases typically involve complicated theories of injuries that can span decades and connect dozens or hundreds of defendants. Because of this, it is almost impossible for a plaintiff to prove their case without the help of experts.

Experts in the fields of medicine and other sciences are required to determine the extent of a person's exposure and their medical condition, as well as to give insight into the future health issues. These experts are crucial to any case and should be thoroughly checked and knowledgeable of the subject matter. The more experience a medical or scientific expert has the more convincing they'll be.

Asbestos cases typically require an expert in science or medicine to examine the medical records of the claimant and conduct a physical examination. Experts can testify as to whether exposure to asbestos was sufficient to cause an illness that is specific to him, like mesothelioma or lung cancer, or other forms of scarring that affects the respiratory tract and lungs (e.g. plaques in the pleural cavity).

It is possible to consult other experts, like industrial hygienists, in order to determine the presence of asbestos attorneys exposure levels. They can use advanced sampling and analytical techniques to assess the levels of asbestos in the air in a home or workplace and compare these to legal exposure standards.

These experts can be very beneficial in defending companies that produce or distribute asbestos-related products. They are often in a position to prove that the exposure levels of plaintiffs were below the legal limits, and that there was not evidence of negligence by the employer or manufacturer liability for the product.

Other experts who may be involved in these cases include occupational and environmental experts. They can provide insights into the safety guidelines which are in place at a particular workplace or company and how they relate to asbestos lawyers manufacturers' liability. For instance, these experts can determine that materials used in renovation that are disturbed during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos lawsuit can cause asbestos fibers release and be inhaled.