Asbestos Litigation Defense
In order to defend companies against asbestos-related lawsuits and claims, it is essential to review the plaintiff's medical records, work history and witness. We typically use the bare metal defense, which focuses on arguing that your company didn't manufacture, sell or distribute the asbestos-containing products at issue in the claimant's case.
Asbestos cases are special and require an aggressive approach to achieving successful results. We are regional, local, and national counsel.
Statute of limitations
Most lawsuits must be filed within a certain time period, known as the statute of limitations. In asbestos cases the deadline for filing a lawsuit is anywhere between one and six years after a person is diagnosed with an asbestos-related condition. It is important for the defense to show that the injury occurred after the deadline. In most cases, this involves an exhaustive review of the plaintiff's past work background, including interviews with former coworkers and the careful review of Social Security, union, tax and other records.
Defending asbestos cases involves a variety of complex issues. For example, asbestos victims typically suffer from a less serious disease such as asbestosis before being diagnosed with a fatal illness like mesothelioma. In these situations, a lawyer for defense will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos triggered the disease.
These cases are made more complex by the fact the statute of limitations could vary from state to state. In these cases, a seasoned mesothelioma lawyer will attempt to bring the case to the state where the bulk of the exposure alleged to have taken place. This is a difficult task as asbestos sufferers often move around the country in search of work and the alleged exposure could have occurred in several states.
The process of discovery can be difficult in asbestos litigation. Unlike other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically involves a number of parties. It can be difficult to get meaningful discovery when there are many defendants, and the plaintiff's case is spanning decades.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with local and regional counsel to develop litigation strategies, manage local counsel, and achieve consistent and cost-effective results while coordinating with client goals. We regularly appear before coordinating and trial judges and special masters of litigation across the nation.
Bare Metal Defense
Historically, manufacturers of turbine, boiler and pump equipment have defended themselves in asbestos litigation by claiming an argument referred to as the "bare metal" or component part doctrine. This defense argues that a manufacturer can't be held accountable for asbestos-related harms caused by replacement components that the company did not design or install.
In the case of Devries, a Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps and gaskets from equipment, such as pumps, valves and steam traps. He claimed that asbestos was ingested while working at the plant and was diagnosed with mesothelioma years later.
The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and could affect how courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court stated that this 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 are not maritime.
This was the first time that a federal appellate court ruled on the"bare-metal" defense in a case involving asbestos and it's a significant departure for traditional product liability laws. The majority of courts have understood "bare metal" as a rejection of the obligation of a manufacturer to inform about the dangers posed by replacement parts it did't manufacture or sale.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, manage local and regional counsel, and provide a consistent, cost-effective defence in accordance with their goals. Our lawyers speak at industry conferences on major issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and collaborating closely with the coordinating judges and trial courts as well as litigation special masters. Our unique approach has proven to be effective in reducing exposure and legal costs for our clients.
Expert Witnesses
A person with specialized knowledge, skills or experience can be an expert witness. They offer independent assistance to a court by providing an objective opinion on matters within their expertise. He should be able to clearly express his opinions and the evidence or assumptions he's basing it on. He should also not ignore any factors that could affect his conclusions.
In the event that asbestos exposure is alleged medical experts could be required to assess the claimant's condition and identify any causal connections between the condition and the source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of experts. This includes nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists and pharmacists.
In the event of a defense or prosecution the expert's job is to provide impartial technical assistance. He should not serve as an advocate or try to influence the jury in favor of his client. The obligation to the court supersedes his duties to his client and he should not attempt to support an argument or seek evidence to support it.
The expert should work with other experts in trying to narrow any technical issues at an early stage and eliminate any irrelevant matters. The expert should also co-operate with those instructing him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts ordered by the court.
The expert must finish his examination chief, discuss his conclusions and the reasons behind them in a manner that is clear and understandable. He should be prepared to answer questions from the prosecution or the judge and should be willing to address any points which are raised on 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 regularly appears before the asbestos litigation judges who coordinate across the nation and also before trial judges and special Masters.
Medical Experts
Expert witnesses are vital in cases involving asbestos-related injuries due to the time lag between exposure to asbestos and the beginning symptoms. Asbestos cases often involve complex theories of injury that span decades and link dozens or even hundreds of defendants. Because of this, it's nearly impossible for a plaintiff to prove their case without the help of experts.
Experts in the field of medicine and other science are required to determine the extent of an individual's exposure and their medical condition, as well as provide insight into future health concerns. Experts like these are essential to any case, and must be thoroughly checked and educated in the relevant field. asbestos litigation group in medicine or science has the more persuasive the expert will be.
Asbestos cases often require an expert from a medical or scientific field to analyze the medical records of the claimant and conduct a physical examination. Experts can testify to whether exposure to asbestos was enough to cause a specific medical condition like mesothelioma, lung cancer, or other forms of scarring in the respiratory tract and lungs (e.g. the pleural plaques).
It could be necessary to consult other experts, such as industrial hygienists, in order to establish the existence of asbestos exposure levels. They can use advanced analytical and sampling methods to compare airborne asbestos levels at the workplace or at home to the legal exposure standards.
These experts can be very valuable in defending companies who produce or distribute asbestos-related products. They are usually capable of proving that the exposure levels of plaintiffs were below the legal limits and that there was no evidence of employer negligence or manufacturer liability for the product.
Other experts involved in these cases include environmental and occupational specialists who can offer insights into the quality of safety procedures at a particular work site or company and how they relate to asbestos manufacturers' liability. These experts could, for example, establish that renovation materials damaged during a remodel project may contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to release.