One Of The Most Innovative Things Happening With Asbestos Litigation Defense

Asbestos Litigation Defense

In order to defend businesses against asbestos litigation and claims, it is essential to examine the plaintiff's medical records, work history and testimony. We often employ the bare-metal defense, which is based on the argument that your company did not make or sell the asbestos lawyers-containing products in question in the claimant's case.

Asbestos cases are special and require a determined approach to achieve successful results. We are local, regional and national counsel.

Statute of limitations

Most lawsuits must be filed within a specified time period, known as the statute of limitations. In asbestos cases the deadline for filing a lawsuit is between one and 6 years after the victim is diagnosed with an asbestos-related disease. In order to defend the case it is crucial to prove that the claimed injury or death did occur prior to this deadline. Often, this means an exhaustive review of the plaintiff's work background, including interviews with former coworkers and the careful review of Social Security, union, tax and other records.

The process of defending asbestos cases involves a variety of complex issues. For instance, asbestos victims are more likely to suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these cases the attorney representing the defense will argue the time limit should be set when the victim knew or ought to have known that exposure to asbestos caused their disease.

These cases are made more complex because the statute of limitations may vary from state to state. In these cases, a seasoned lawyer for mesothelioma will try to bring the case to the state in which the majority of the exposure is believed to have taken place. This could be a challenging task because asbestos victims often moved across the country to find jobs, and the claimed exposure could have occurred in multiple states.

The discovery process is challenging in asbestos litigation. In contrast to other personal injury cases, which usually have only a handful of defendants, asbestos-related litigation typically includes dozens or more parties. As a result, it is often difficult to find a meaningful discovery in these cases, especially when the plaintiff's theory of injuries spans decades and binds many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos attorneys litigation. We work closely with local and regional counsel to formulate a strategy for litigation as well as manage local counsel and get consistent, cost-effective results, in coordination with client objectives. We regularly appear before coordinating and trial judges as well as special masters of litigation across the country.

Bare Metal Defense

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

In the case Devries v. Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment such as valves, pumps, and steam traps. He claimed that he was exposed to asbestos when working in the plant and was diagnosed with Mesothelioma several years afterward.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and could impact the way courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. The Court said that the application of the bare-metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this doctrine to non-maritime cases, as well.

This was the first time a federal appellate court used the"bare-metal" defense in a case involving asbestos, and it's a major departure from the traditional product liability laws. Most courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a company to warn consumers about the harm caused by replacement parts that they did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, oversee regional and local counsel and ensure a consistent, cost-effective defense that aligns with their objectives. Our attorneys present at industry conferences on important issues that affect asbestos litigation. Our firm's experience includes representing clients in every state and working closely with the coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven to be successful in reducing legal spend for our clients.

Expert Witnesses

An expert witness is a person who has specific skills, knowledge or experience and offers independent assistance to the court with the aid of an objective opinion regarding matters within his expertise. He should be able to clearly express his opinions and the evidence or assumptions that he is basing it on. He should not ignore any factors that could influence his conclusions.

In cases involving allegations of exposure to asbestos, medical experts are often asked to assist in the assessment of the claimant's illness and the determination of any causal link between their condition and a known source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of experts. This can include doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.

Experts are available to provide impartial technical assistance, whether they are representing the defense or the prosecution. He should not act as an advocate or try to influence the jury in favor of his client. He should not try to convince the jury or advocate for an argument.

The expert should collaborate with other experts to eliminate any issues that are peripheral and narrow down 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 statement of experts ordered by the court.

After completing his main examination the expert must be able to explain his findings and the reasons for them in a clear and comprehensible way. He should be able to answer questions posed by the prosecution or judge, and be prepared to address all points that are raised during cross-examination.

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

Medical Experts

Due to the issues of latency that occur 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 span decades and involve hundreds or dozens of defendants. 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 needed to evaluate the extent of a person's exposure and medical condition, and also to provide insight into future health issues. These experts are vital to any case, and they should be thoroughly vetted and knowledgeable in the relevant field. The more experience an scientist or doctor has the more persuasive they is.

In many asbestos cases, a medical expert or scientist is required to look over the records of the claimant and conduct an examination. These experts can testify whether asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

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

Experts of this kind are also useful when defending companies that manufactured or distributed asbestos-related products, as they often have the capability of proving that the exposure levels of plaintiffs were below legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.

Other experts that could be involved in these instances are environmental and occupational specialists. They can provide insights into the safety procedures that exist at a particular workplace or business, and how they relate to the liability of asbestos producers. These experts could, for example, establish that renovation materials damaged during the course of remodeling could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos lawsuits dust and asbestos fibers to be released.