Who Is Responsible For The Asbestos Litigation Defense Budget? 12 Top …

Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough review of a plaintiff's history of work as well as medical records and evidence. We typically use the bare-metal defense, which focuses on arguing that your company was not able to manufacture, sell or distribute the asbestos-containing products in question in a claimant's case.

Asbestos cases require an exclusive method and a persistent approach to get results. We are local, regional, and national counsel.

Statute of limitations

The majority of lawsuits have to be filed within a certain time frame, also 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 crucial for the defense to prove that the injury was sustained after the deadline. This often requires a thorough study and examination of the plaintiff's employment background, including interviews with former coworkers and a careful study of Social Security and union records, as well as tax and tax records.

In defending asbestos cases, there are various complex issues. For example, asbestos victims are more likely to develop a less serious illness such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these instances the defense attorney will argue that the time limit should be set when the victim knew or should have reasonably known that asbestos exposure caused their illness.

These cases are complicated due to the fact that the statute of limitations could vary from state to state. In these instances an experienced mesothelioma lawyer will attempt to file the case in the state where the bulk of the exposure alleged occurred. This can be a challenging task as asbestos patients often moved across the country to find employment, and the alleged exposure may have taken place in several states.

The process of establishing the facts can be difficult in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of just a few defendants as in most cases, there are usually many people involved. It can be hard to find a relevant evidence in these cases, particularly when the plaintiff's theory of injuries spans decades and connects many defendants.

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

Bare Metal Defense

Historically, manufacturers of turbine, boiler, pump and valve equipment have successfully defended themselves against asbestos litigation by claiming the defense referred to as the "bare metal" or component part doctrine. This defense holds that a manufacturer cannot 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, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed that he was 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 could affect how courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. The Court stated that the application of the bare metal defense in this context is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits might apply this principle to non-maritime cases, as well.

This was the first time that an appeals court of the federal level has applied the bare-metal defense in a lawsuit involving asbestos, and is quite a departure from the norms of product liability law. The majority of courts have interpreted the "bare metal" defense as a way of avoiding the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts it did not create or sell.

The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients in developing strategies for litigation, manage local and regional counsel, and provide an efficient, cost-effective defense in accordance with their goals. Our attorneys participate in industry conferences on major issues that affect asbestos litigation paralegal litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique method has proven successful in reducing exposure and legal spend for our clients.

Expert Witnesses

A person who has specialized expertise, skills or experience is an expert witness. They provide impartial assistance to a judge by providing an objective opinion on issues within their field of expertise. He should be able to clearly express his views and the evidence or assumptions that he is basing it on. He should also not overlook any aspect that could influence his conclusions.

In cases that involve allegations of exposure to asbestos exposure litigation, medical professionals are often required to assist in the evaluation of the claimant's health and the identification of any causal connection between their condition and an identified source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of specialists. This could include nurses and doctors pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists, and pharmacists.

Experts are there to offer unbiased technical assistance, regardless of whether they represent the defense or the prosecution. He is not expected to assume the role of an advocate or seek to influence or convince a jury in favour of his client. He should not attempt to convince jurors or asbestos litigation defense make an argument.

The expert should work with the other experts when attempting to resolve any technical issues at an early stage and eliminate any peripheral matters. The expert should also collaborate with the people who instruct him to pinpoint areas of agreement and disagreement for the joint statement of expert ordered by the court.

After completing his main examination the expert should be able to be able to explain his findings and the reasons behind them in a clear and comprehensible manner. He should be able to answer any questions from the prosecution or judge, and be prepared to discuss all issues raised during cross-examination.

Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can manage and counsel national and regional defense counsel as in addition to local regional, expert witnesses and experts. Our team appears regularly before the asbestos litigation judges who coordinate across the country and also before trial judges and special Masters.

Medical Experts

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

Medical and other scientists are essential to determine the extent of an individual's exposure, assess their medical conditions and provide information about potential future health problems. These experts are crucial to any case, and should be thoroughly vetted and knowledgeable in the relevant field. The more experience the medical or scientific expert has the more persuasive they will be.

Asbestos cases typically require a medical or scientific expert to analyze the claimant's medical records and conduct a physical examination. Experts can testify to whether the claimant's exposure to asbestos was sufficient to cause an illness that what is asbestos litigation specific to him, such as mesothelioma, lung cancer, Asbestos Litigation Defense or other types of scarring on the respiratory tract and lungs (e.g. plaques in the pleural cavity).

Other experts such as industrial hygienists could be required to aid in establishing the existence of asbestos-related exposure levels. They can employ advanced analytical and sampling methods to evaluate the asbestos defense litigation concentrations in the air in a home or workplace to the legal exposure standards.

Experts of this kind can also prove valuable when defending companies who manufactured or distributed asbestos-related goods as they often have the capability of demonstrating that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts that could be involved in these cases include environmental and occupational specialists. They can provide information into the safety procedures that are in place at a specific workplace or business, and how they are related to the liability of asbestos manufacturers. These experts can determine, for instance, that the materials used in a remodel project may contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos litigation meaning fibers to release.