Asbestos Litigation Defense

In order to defend businesses against asbestos lawyer litigation in the future, it is essential to review the medical records of the plaintiff as well as their work history, and testimony. 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 a tenacious approach to achieving successful results. We act as local counsel, regional and national.

Statute of Limitations

The statute of limitations is a time limit within which lawsuits are required to be filed. In asbestos cases, this means that the legal deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related illness. It is essential for the defense to show that the injury occurred within the timeframe. This typically requires a thorough review and analysis of the plaintiff's work history, including interviews of former coworkers, and an in-depth examination of Social Security and union records and tax, tax, and other documents.

In defending asbestos lawyers cases, there are various complex issues. For instance, asbestos victims typically suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal disease like mesothelioma. In these instances the attorney representing the defense will argue the limitation period should start when the victim knew or ought to have known that asbestos exposure caused their illness.

These cases are made more complex due to the fact that the statute of limitations could differ from state to state. In these cases, an experienced lawyer for mesothelioma will try to present the case in a state where the majority of the exposure is believed to have taken place. This may be a difficult task as asbestos patients frequently moved around the country to obtain jobs, and the claimed exposure may have taken place in several states.

Finally, the discovery process is a challenge in asbestos litigation. In contrast to other types of personal injury cases, which typically contain only a few defendants, asbestos-related litigation typically involves a number of defendants. It can be difficult to get relevant discovery when there are many defendants, and the plaintiff's case is spanning decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to develop litigation strategies and manage local counsel and achieve consistent and cost-effective results that align with client goals. We regularly appear in front of the trial judge and coordinating judge, as and litigation masters across the nation.

Bare Metal Defense

In the past, manufacturers of boilers, turbines, valves and pumps have protected themselves from asbestos lawsuits using what is referred to as "bare metal" doctrine or component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts they did not manufacture or install.

In the case Devries, a Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos while 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 may impact 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 was "cabined" in maritime law, but left open the possibility that other federal circuits to apply this doctrine to cases that aren't maritime.

This decision was the first time an appeals court of the federal level has applied the bare metal defense in an asbestos lawsuit (linked webpage), 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 of the dangers caused by replacement parts it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, oversee regional and local counsel, and ensure a an efficient, cost-effective defense that is in line with their goals. Our attorneys present at industry conferences on important issues that affect asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, judges and special masters of litigation. Our unique approach has been effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

A person with specialized knowledge, skills or experience can be an expert witness. They provide impartial assistance to a judge by offering an impartial opinion on matters within their field of expertise. He must clearly state the facts or assumptions upon which his opinions are based and should not omit to consider issues that could detract from his concluded conclusions.

In cases involving allegations of exposure to asbestos, medical professionals are often called upon to assist in the assessment of the claimant's health and the identification of any connection between their condition and an identified source of exposure. A lot of the diseases associated with asbestos are very complicated, requiring the expertise of specialists in the field. This could include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.

Whether it is the prosecution or defence the expert's job is to provide objective technical assistance. He should not serve as an advocate or attempt to influence the jury in favor of his client. He should not attempt to convince jurors or promote an argument.

The expert should work with the other experts to resolve any issues that are peripheral and narrow down any technical issues. The expert should also collaborate with the people who instruct him to determine areas of agreement and discord for the joint statement of expert ordered by the court.

The expert should, at the end of his examination, present his conclusions and the reasons behind the conclusions in a manner that is clear and understandable. He should be prepared 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 advise and manage national and regional defense counsel and regional and local experts and witnesses. Our team regularly appears before coordinating judges in asbestos litigation across the country as well as trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and the appearance of symptoms, expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and connect hundreds or even dozens of defendants. This is why it is almost impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientists are required to determine the extent of a person's exposure, assess their medical conditions and offer insight into potential future health problems. Experts like these are essential to any case and should be thoroughly vetted and knowledgeable about the relevant field. The more experience an scientist or doctor has the more convincing the expert will be.

In many asbestos cases, an expert in medicine or a scientist is required to review the records of the claimant as well as perform a physical exam. Experts can determine if asbestos lawyer exposure caused a specific medical condition, such as mesothelioma or lung cancer.

It may be necessary to consult with other experts, such as industrial hygienists, in order to determine if there is asbestos exposure levels. They can utilize advanced sampling and analytical methods to evaluate airborne asbestos levels in a workplace or home and compare these levels to legal exposure standards.

These experts can be very useful in defending companies that produce or distribute asbestos-related products. They are often capable of proving that plaintiffs' exposure levels were not in the range of legal limits and that there was not evidence of negligence by the employer or product manufacturer responsibility.

Other experts in these instances include environmental and occupational experts who can provide insights into the adequacy of safety protocols at a specific workplace or company, and how these protocols relate to the liability of asbestos attorney manufacturers. For instance, these experts can determine that materials used in renovation that are disturbed during a remodel are more likely to contain asbestos or that shaking out contaminated clothing could cause asbestos fibers to release and become inhaled.