20 Trailblazers Are Leading The Way In Asbestos Litigation Defense

Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough analysis of a plaintiff's work history, medical records and testimony. We often employ the bare-metal defense, which focuses on arguing that your company didn't manufacture, sell or distribute the asbestos-containing products that are at issue in the claimant's case.

Asbestos cases require an exclusive approach and a determined strategy to achieve success. We serve as local counsel, regional and national.

Statute of Limitations

The statute of limitations is a time limit within which most lawsuits must be filed. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and 6 years after the victim is diagnosed with an asbestos-related condition. To defend, it is important to prove that the claimed accident or death did not occur prior to the timeframe. This often requires a thorough examination and examination of the plaintiff's employment background, including interviews with former coworkers and an in-depth study of Social Security and union records as well as tax, tax, and other documents.

The process of defending asbestos cases involves many complicated issues. For instance, asbestos-related victims often suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these situations, a lawyer for defense will argue that the statute of limitations should start when the victim was aware or reasonably ought to have known that their exposure to asbestos triggered the disease.

These cases are complicated by the fact the statute of limitations could vary from state to state. In these cases, a seasoned mesothelioma lawyer may try to file the case in the state in which the majority of the exposure is believed to have taken place. This may be a difficult task as asbestos patients often moved across the country to obtain employment, and the alleged exposure could have occurred in several states.

The discovery process can be a challenge in asbestos litigation. Contrary to other personal injury cases, which often contain only a few defendants, asbestos defense litigation-related litigation usually involves dozens or more defendants. It can be hard to find a meaningful discovery in these cases, particularly when the plaintiff's claim of injuries spans decades and binds multiple defendants.

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

Bare Metal Defense

In the past, producers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits by arguing what is asbestos litigation is known as "bare metal" doctrine or the component part doctrine. This defense argues that a manufacturer cannot be held liable for asbestos law & litigation-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries, a worker at a Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps and gaskets from equipment, such as valves, pumps and steam traps. He claimed that he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation and could impact the way courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court declared that the use 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 ruling was the first time that an appeals court of the federal level has used the defense of bare metal in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. Most courts have interpreted the "bare metal" defense as rejecting the obligation of a company to warn consumers about the harm caused by replacement parts that it did not create 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 to develop strategies for litigation, oversee regional and local counsel, and ensure a consistent, cost-effective defense that aligns with their objectives. Our attorneys also speak at conferences for industry professionals on the important issues that influence asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique strategy has proven to be successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

A person with specialized knowledge, skills or experience is an expert witness. They offer independent assistance to courts by providing an objective opinion on matters within their expertise. He should be able to clearly express his opinion and the facts or Asbestos Litigation Defense assumptions he is basing it on. He should also not overlook any aspect that might affect his conclusions.

In cases where asbestos exposure is alleged, medical experts may be required to help evaluate the claimant's condition and to determine any causal links between the condition and the identified source of exposure. A lot of the diseases that are caused by asbestos are complicated, requiring the expertise of specialists in the field. This could include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists.

In the event of a defense or prosecution, an expert's role is to provide impartial technical assistance. He should not serve as an advocate or try to influence the jury in favor of his client. The duty to the court supersedes the obligations he has to his client and he should not attempt to promote a particular argument or find evidence to back it.

The expert should collaborate with other experts to address any issues that are peripheral and reduce any technical issues. The expert should also work with the people who instruct him to identify areas of agreement and disagreement for the joint declaration of the expert as ordered by the court.

The expert must at the conclusion of his examination, present his conclusions as well as the reasons for the conclusions in a manner that is easy to understand and clear. He should be ready to answer questions from either the judge or prosecution and be prepared to answer all questions raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can handle and advise national and regional defense counsel as well as local regional, expert witnesses and experts. Our team appears regularly before judges who are coordinating asbestos litigation across the country and also before trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases that involve asbestos-related injuries because of the latency between exposure to asbestos and the initial symptoms. Asbestos cases often involve complex theories of injuries that span decades and involve hundreds or even dozens of defendants. This is why it's nearly impossible for a plaintiff to establish their case without the help of experts.

Experts in the fields of medicine and other sciences are required to assess the extent of a person's exposure and medical condition and also to provide insight into future health concerns. These experts are crucial to any case and should be thoroughly vetted and knowledgeable in the relevant field. The more experience an expert in science or medicine has the more persuasive they is.

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

Other experts, such as industrial hygienists may also be needed to assist in establishing asbestos-related exposure levels. They can employ sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air in a home or workplace with the standards for exposure that are legally required.

They can be beneficial in defending companies that manufacture or distribute asbestos-related products. They are usually able to demonstrate that the levels of exposure for plaintiffs were below the legal limits and that there was no evidence of negligence on the part of the employer or manufacturer liability for the product.

Other experts involved in these cases include environmental and occupational experts who can provide insight into the quality of safety procedures at a particular workplace or company, and how these protocols are related to asbestos manufacturers' liability. For instance, these experts can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers release and become inhaled.