Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough examination of a plaintiff's work history and medical records, as well as testimony. We often use the bare metal defense, which is based on the argument that your company was not able to manufacture or sell the asbestos-containing products at issue in the case of a claimant.

Asbestos cases are special and require a tenacious approach to achieving successful results. We serve as local counsel, regional and national.

Statute of Limitations

The majority of lawsuits have to be filed within a certain time frame, also known as the statute of limitations. For asbestos 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 illness. In order to defend the case it is crucial to prove that the alleged injury or death did occur prior to the deadline. This typically requires a thorough study and examination of the plaintiff's employment history, including interviews of former coworkers, as well as an in-depth study of Social Security and union records as well as tax, tax, and other documents.

In defending asbestos cases, there are a variety of complex issues. Asbestos victims may develop a mild disease, such as asbestosis, prior to being diagnosed with a fatal illness such as mesothelioma. In these cases, a defense attorney will argue that the limitation period should begin when the victim knew or reasonably ought to have realized that their asbestos exposure caused the disease.

These cases are made more complex by the fact the statute of limitations may differ from state to state. In these cases an experienced mesothelioma lawyer will attempt to start the case in the state where the majority of the alleged exposure occurred. This could be a challenging task since asbestos sufferers frequently moved around the country to find employment, and the alleged exposure may have taken place in multiple states.

The process of discovery isn't always easy in asbestos litigation. Contrary to other personal injury cases, which usually have only a handful of defendants, asbestos-related litigation typically includes dozens or more parties. It can be hard to find a an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and involves many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and ensure consistently cost-effective results in coordination with the client's goals. We frequently appear in front of the trial judge and coordinating judge, as and litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits by arguing the "bare metal" doctrine or asbestos defense litigation component part doctrine. This defense holds that a manufacturer cannot be held liable for asbestos-related injuries caused by replacement components that the company did not design or install.

In the case of Devries, an employee at a Tennessee Eastman chemical plant sued several equipment manufacturers to treat mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment like 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 many years afterward.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and could affect how courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court said that the application of the bare-metal defense in this instance is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this doctrine to non-maritime cases as well.

This decision was the first time an appeals court of the federal level has applied the bare-metal defense in a asbestos lawsuit and is an important departure from the traditional product liability law. The majority of courts have understood "bare metal" as a rejection of the responsibility of a manufacturer to inform about harms caused by replacement parts it did not make or sale.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, oversee local and regional counsel, and achieve an efficient, cost-effective defense in coordination with their goals. Our attorneys participate in industry conferences on major issues that affect asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has proven to be effective in reducing exposure and legal spend for our clients.

Expert Witnesses

An expert witness is someone who has specific skills, knowledge or experience and provides independent assistance to the court in the form of unbiased opinion concerning matters of his area of expertise. He must clearly state the facts or assumptions on the basis of his opinion and should not omit to consider matters which could affect his conclusions.

In cases where asbestos exposure is claimed medical experts may be required to help evaluate the claimant's health and determine any causal link between the condition and the source of exposure. Many of the ailments associated with asbestos litigation meaning are very complicated, Asbestos defense litigation requiring the expertise of experts in the field. This could include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health specialists.

Experts are there to offer an impartial technical support, whether they represent the prosecution or the defence. He should not assume the role of an advocate or seek to influence or convince a jury in favour of his client. The duty to the court overrides the obligations he has to his client. He should not attempt to support a particular argument or find evidence to support it.

The expert should work with other experts in attempting to resolve any technical issues at a very early stage and eliminate any other peripheral matters. The expert should also co-operate with those instructing him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint statement of experts commissioned by the court.

At the conclusion of his chief examination, the expert should be able to explain his findings and the reasoning behind them in a clear and easy-to-understand manner. He should be able to answer any questions from the prosecution or judge, and be willing to answer all questions raised during cross-examination.

Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our attorneys can manage and counsel national and regional defense counsel, as in addition to local, regional and expert witnesses and experts. Our team regularly appears before trial judges, coordinating judges, and special masters in asbestos litigation throughout the country.

Medical Experts

Due to the latency issues that arise between asbestos exposure and beginning of symptoms Expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that can span decades and involve hundreds or even dozens of defendants. It is nearly impossible for a claimant to prove their case without the help of experts.

Medical and other scientists are required to determine the extent of a person's exposure, evaluate their medical conditions and provide information about potential future health problems. Experts like these are essential in any case and should be thoroughly vetted and knowledgeable about the field of study. The more experience the medical or scientific expert has, the more persuasive they will be.

In many asbestos cases an expert in medicine or a scientist is required to examine the records of the claimant as well as perform an examination. These experts can testify as to whether the claimant's exposure asbestos was enough to trigger a particular medical condition like mesothelioma, lung cancer, or other forms of scarring that affects the lungs and respiratory tract (e.g., pleural plaques).

Other experts, such as industrial hygienists might also be needed to assist in establishing asbestos-related exposure levels. They can utilize sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air in a home or workplace to legal exposure standards.

These experts can be valuable in defending companies who manufacture or distribute asbestos-related products. They often are in a position to prove that plaintiffs' exposure levels were lower than the limits set by law and that there was not evidence of negligence on the part of the employer or product manufacturer responsibility.

Other experts who may be involved in these cases include occupational and environmental experts. They can provide insight into the safety protocols that exist at a particular workplace or business and how they connect to asbestos manufacturers' liability. These experts could determine, for instance, that renovation materials disturbed in the course of remodeling could contain asbestos exposure litigation defense litigation (Source Webpage), or that shaking contaminated clothing could cause asbestos dust and Asbestos Litigation (Https://Www.Agentur-Streckenbach.De/Redirect.Cfm?Redirect=Http%3A%2F%2Fasbestoslitigation.Top) asbestos fibers to escape.