4 Dirty Little Secrets About Asbestos Litigation Defense And The Asbes…

Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits, it is necessary to examine the medical records of the plaintiff, work history, and testimony. We often use a bare metal defense that focuses on arguing your company didn't make or sell asbestos-containing products that are in the plaintiff's lawsuit.

Asbestos cases are distinct and require an aggressive approach to achieving successful results. We are local, regional, and national counsel.

Statute of limitations

The statute of limitations is a period within which the majority of lawsuits have to be filed. In asbestos cases the deadline for filing an action is between one and six years after the victim is diagnosed with an asbestos-related illness. In order to defend the case, it is important to prove that the claimed injury or death did occur prior to this deadline. This often requires a thorough review and analysis of the plaintiff's employment background, including interviews with former coworkers and a thorough examination of Social Security and union records, as well as tax, tax, and other documents.

Defending an asbestos case involves many complicated issues. For instance, asbestos-related victims often develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these instances, a lawyer for defense will argue that the statute of limitations should start when the victim was aware or reasonably should have known that their exposure to asbestos caused the disease.

The difficulty of these cases is also exacerbated by the fact that the time limit for filing a lawsuit may differ between states. In these cases, an experienced mesothelioma lawyer will try to start the case in the state where the bulk of the exposure alleged occurred. This can be a challenging task since asbestos sufferers frequently moved around the country to obtain jobs, and the claimed exposure may have taken place in multiple states.

The process of discovery can be difficult in asbestos litigation. In contrast to other types of personal injury cases, which typically contain only a few defendants, asbestos litigation online-related litigation usually includes dozens or more defendants. It can be difficult to obtain meaningful discovery when there are many defendants and the plaintiff's claim extends over a long period of time.

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 formulate a strategy for litigation as well as manage local counsel and achieve consistent, cost-effective results, in coordination with the goals of the client. We regularly appear before coordinating and trial judges, as well as special masters of litigation in jurisdictions across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines, valves and pumps have defended themselves against asbestos lawsuits by asserting the "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not liable for asbestos-related injuries resulting from replacement parts that they did not install or manufacture.

In the case 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 of insulation, steam traps and gaskets from equipment like valves, pumps and steam traps. He claimed he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation and may influence how courts in other jurisdictions tackle the issue of third-party parts that manufacturers incorporate into their equipment. The Court declared that the 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 are not maritime.

This was the first time that a federal appellate court used the bare-metal defense in an asbestos case, and it's a significant departure from the traditional product liability laws. Most courts have interpreted "bare metal" as a rejection of the obligation of a manufacturer to warn about the dangers posed by replacement parts it did not manufacture or sale.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We help our clients develop strategies for litigation, manage local and regional counsel, and ensure a consistent, cost-effective defense in coordination with their goals. Our attorneys speak at industry conferences on important issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and collaborating closely with coordinating judges and trial courts, as well as special masters. Our unique approach has proven to be effective in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is a person who is specialized in his skills, knowledge or experience and provides independent assistance to the court in the form of an impartial opinion on matters of his expertise. He should clearly state his opinions and the facts or assumptions he's basing it on. He should also not overlook any aspects that might affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the assessment of the claimant's condition and the determination of any connection between their condition and the identified source of exposure. Many of the ailments that are caused by asbestos are complex, requiring the expertise of experts in the field. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.

Whether it is the defense or prosecution the role of an expert is to provide objective technical assistance. He should not assume the role of an advocate, nor should he seek to influence or persuade the jury to support his client. He should not try to convince jurors or make 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 collaborate with those who are instructing him to determine areas of agreement and discord for the joint statement of the expert as ordered by the court.

At the conclusion of his examination in chief the expert must present his conclusions and the reasons for them in a clear and comprehensible manner. He should be prepared to answer questions from either the prosecution or judge, and Asbestos Litigation Defense be prepared to answer all questions that were raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our attorneys can manage and counsel national and regional defense counsel as well as local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos litigation across the nation and also before trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and beginning of symptoms Expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injury that can span decades and link hundreds or even dozens of defendants. Because of this, it is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientific experts are required to determine the extent of a claimant's exposure, evaluate their medical conditions, and provide insight into possible health issues that could arise in the future. These experts are vital to any case, and they should be thoroughly vetted and knowledgeable in the relevant field. The more experience a medical or scientific expert has the more persuasive they'll be.

Asbestos cases typically require an expert from a medical or scientific field to examine the medical records of the plaintiff and conduct a physical examination. Experts can testify as to whether the claimant's exposure asbestos was sufficient to cause a specific medical condition such as mesothelioma, lung cancer, or any other form of scarring on the respiratory tract and lungs (e.g. the pleural plaques).

Other experts like industrial hygienists might be required to assist in establishing asbestos-related exposure levels. They can employ sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home with the standards for exposure that are legally required.

These experts can be extremely useful in defending companies that produced or distributed asbestos exposure litigation-related products, as they often have the capability of demonstrating that the exposure levels of plaintiffs were within the legal limit and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts involved in these cases include environmental and occupational experts who can provide insights on the safety protocols at a specific work site or company and how they relate to the liability of asbestos manufacturers. These experts could determine, for instance, that renovation materials disturbed in a remodel project may contain asbestos or that shaking clothing contaminated by asbestos law & litigation can cause asbestos dust and asbestos law and litigation fibers to release.