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Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough review of the plaintiff's employment history, medical records and testimony. We often use a bare metal defense that focuses on arguing your company didn't manufacture, sell, or asbestos litigation defense distribute asbestos-containing products in the plaintiff's lawsuit.

latest asbestos litigation 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 timeframe, referred to as the statute of limitations. For asbestos defense litigation cases, this means that the deadline for filing a lawsuit is between one and six years after the victim becomes diagnosed with an asbestos-related condition. To defend it is crucial to establish that the alleged injury or death did occur prior to this deadline. Often, this requires an exhaustive review of the plaintiff's past work background, including interviews with former coworkers as well as the careful review of Social Security, union, tax and other records.

In defending asbestos cases, there are many complicated issues. For instance, asbestos-related victims are more likely to develop a less serious illness such as asbestosis before being diagnosed with a fatal illness like mesothelioma. In these instances an attorney for defense will argue that the time limit for a statute of limitations should begin when the person who suffers from asbestos litigation cases knew or reasonably ought to have known that their exposure to asbestos triggered the disease.

The difficulty of these cases is also complicated by the fact that the time limit for filing a lawsuit may vary between states. In these instances, an experienced mesothelioma lawyer may try to present the case in the state where the bulk of the exposure alleged to have taken place. This can be a daunting job, since asbestos litigation online victims typically travel around the country in search of work and the alleged exposure could have occurred in a variety of states.

The discovery process can be a challenge in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants as in most cases, there are usually many people involved. 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 regional and local counsel to devise strategies for litigation, manage local counsel, and achieve consistently cost-effective results that align with client goals. We regularly appear before the trial judge and coordinating judge, as well as litigation masters, across the nation.

Bare Metal Defense

In the past, manufacturers of turbine, boiler and pump equipment have successfully defended themselves against asbestos litigation by asserting the defense referred to as the "bare metal" or component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injury caused by replacement parts that they did not install or manufacture.

In the case of Devries, a worker at an Tennessee Eastman chemical plant sued several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps, and gaskets from equipment like valves, pumps, and steam traps. He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years afterward.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation and may impact how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court said that this use of the bare-metal defense is "cabined" in maritime law, but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime.

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

The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We help our clients develop litigation strategies, manage regional and local counsel and ensure a an efficient, cost-effective defense that aligns with their objectives. Our lawyers also speak at industry conferences on major issues shaping asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven to be effective in reducing legal spend for our clients.

Expert Witnesses

An expert witness is one who is specialized in his expertise, knowledge or experience and can provide independent advice to the court by way of unbiased opinion concerning matters within his area of expertise. He should clearly state his opinions and the facts or assumptions he's basing it on. He should not ignore any factors that might affect his conclusions.

In cases involving allegations of exposure to asbestos, 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. A lot of the diseases associated with asbestos are very complicated, requiring the expertise of specialists in the field. This could include doctors and nurses, pharmacists, toxicologists or epidemiologists, occupational health specialists 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 advocate or seek to influence or convince a jury in favour of his client. The duty to the court is greater than his duties to his client and he should not try to push a particular argument or find evidence to back it.

The expert should collaborate with the other experts to eliminate any peripheral issues and narrow down any technical issues. The expert should also cooperate with the people who instruct him in identifying areas of agreement and disagreement for the purpose of the joint statement of experts commissioned by the court.

After his main examination the expert must explain his conclusions and the reasons for them in a clear and easy-to-understand way. He must be able to answer questions from the prosecution or the judge and should be willing to address any issues 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 attorneys can manage and counsel regional and national defense counsel as in addition to local, regional and expert witnesses and experts. Our team is regularly in front of judges who are coordinating asbestos litigation across the nation and also before trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and onset of symptoms, expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that can span decades and involve hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientists are required to determine the extent of a claimant's exposure, assess their medical conditions and offer insight into potential future health problems. Experts like these are essential to any case and must be thoroughly examined and educated in the relevant field. The more experience an expert in science or medicine has the more persuasive he will be.

Asbestos cases often require an expert in science or medicine to examine the claimant's medical records and conduct a physical exam. Experts can testify as to whether the claimant's exposure to asbestos was sufficient to cause a specific medical condition like mesothelioma or lung cancer, or any other form of scarring in the lungs and respiratory tract (e.g. the pleural plaques).

Other experts like industrial hygienists might also be needed to assist in determining the existence of asbestos-related exposure levels. They can use advanced sampling and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare these levels to legal exposure standards.

These experts can be very useful in defending companies that produce or distribute asbestos-related goods. They are usually able to demonstrate that the exposure levels of plaintiffs were below the legal limits and that there was not evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.

Other experts who may be involved in these cases include occupational and environmental experts. They can provide information into the safety procedures that are in place at a specific work site or company, and how they are related to the liability of asbestos producers. These experts could be able to, for instance, prove that renovation materials disturbed in the course of a remodel could contain asbestos, or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to release.