Asbestos Litigation Defense
To defend companies against asbestos litigation in the future, it is essential to review the plaintiff's medical records, work history, and testimony. We typically use the bare metal defense, which is focused on proving that your company didn't manufacture, sell or distribute the asbestos-containing products at issue in the case of a claimant.
Asbestos cases require a distinctive approach and a determined approach to get results. We are local, regional, and national counsel.
Statute of Limitations
Most lawsuits must 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 6 years after the victim is diagnosed with an asbestos-related disease. To defend it is essential to prove that the claimed accident or death did not occur prior to this deadline. Often, this means an exhaustive review of the plaintiff's past work background, including interviews with former colleagues and the careful review of Social Security, union, tax and other documents.
The process of defending an asbestos case involves many complicated issues. For instance, asbestos-related victims typically suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness such as mesothelioma. In these cases the attorney representing the defense will argue the statute of limitation should begin when the victim realized or ought to have known that asbestos exposure caused the disease.
These cases are made more complex due to the fact that the statute of limitations can differ from state to state. In these cases, an experienced mesothelioma lawyer will try to bring the case in the state where the majority of the alleged exposure occurred. This can be a daunting task, as asbestos victims frequently travel across the country to find work and the alleged exposure could have occurred in several states.
The discovery process is a challenge in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Rather than a few defendants as in most cases, there are often several parties involved. As a result, it can be hard to obtain relevant evidence in these cases, particularly when the plaintiff's theory of injuries spans decades and binds many defendants.
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 strategy as well as manage local counsel and get consistent, cost-effective results in accordance with the goals of the client. We regularly appear before coordination and trial judges as well as special masters of litigation, across the nation.
Bare Metal Defense
Historically, manufacturers of boilers, turbines and pump equipment have sought to defend themselves in asbestos litigation by claiming an argument referred to as the "bare metal" or the component part doctrine. This defense states that a company is not responsible for asbestos-related injuries caused by replacement parts that they did not install or manufacture.
In the case of Devries, an employee at a Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment like pumps, valves, and steam traps. He claimed asbestos exposure occurred when working at the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has altered the landscape of asbestos litigation, and could influence the way the courts in other jurisdictions deal with the issue of third-party parts that manufacturers incorporate into their equipment. The Court said that the application 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 might apply this doctrine to non-maritime cases also.
This decision was the first time a federal appeals court has applied the bare-metal defense in a asbestos lawsuit and represents quite a departure from the norms of product liability law. The majority of courts have understood "bare metal" as a rejection of the obligation of a manufacturer to inform about harms caused by replacement parts it did not make or sell.
The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients in developing litigation strategies, manage regional and local counsel, and provide an effective, cost-effective and consistent defense that is in line with their objectives. Our lawyers present at industry conferences on major issues that affect asbestos litigation. Our firm has experience 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 decreasing our clients' risk and legal costs.
Expert Witnesses
A person with specialized knowledge, skills or experience can be an expert witness. They provide impartial assistance to a court by providing an objective opinion on issues within their field of expertise. He should clearly state his opinions and the facts or assumptions that he is basing it on. He should not overlook any aspects that could influence his conclusions.
In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's illness and to determine if there is a causal link between their condition and the identified source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This includes pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.
Experts are available to provide an impartial technical support, whether they represent the prosecution or the defence. 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 make an argument.
The expert should collaborate with other experts to defense asbestos litigation seminar address any issues that are peripheral and narrow down any technical issues. The expert should also collaborate with those who instruct him to pinpoint areas of agreement and disagreement for the joint declaration of expert ordered by the court.
After his chief examination the expert must explain his conclusions and the reasons behind them in a clear and understandable manner. He should be able to answer questions from either the judge or the prosecution, and be able to answer all questions that are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can assist and advise regional and national defense counsel, as along with local regional, expert witnesses and experts. Our team regularly appears before judges who are coordinating asbestos litigation across the nation and also before trial judges and special Masters.
Medical Experts
Expert witnesses are vital in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and initial symptoms. Asbestos cases often involve complex theories of injury that stretch for decades and involve hundreds or even dozens of defendants. It is almost impossible for an individual to prove their case without the assistance of experts.
Medical and other experts in the field are necessary to assess the extent of a claimant's exposure, assess their medical conditions and provide information about potential future health problems. These experts are crucial to any case, and they must be thoroughly checked and educated in the relevant field. The more experience the medical or scientific expert has the more persuasive they will be.
Asbestos cases usually require a medical or scientific expert to review the claimant's medical records and conduct a physical exam. These experts can testify whether asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.
Other experts such as industrial hygienists could also be needed to assist in determining the existence of 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 to the legal exposure standards.
These experts can be very beneficial in defending companies that produce or distribute asbestos-related products. They often are capable of proving 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 product manufacturer responsibility.
Other experts in these instances include occupational and environmental specialists who can provide insight into the quality of safety protocols at a specific workplace or company, and how they are related to asbestos manufacturers' liability. They can determine, for instance, that the materials used in the course of a remodel could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to release.