Asbestos Litigation Defense

To defend companies against asbestos litigation and claims, it is essential to examine the medical records of the plaintiff, work history and testimony. We typically use the bare metal defense which is focused on proving that your company was not able to manufacture, sell or distribute the asbestos-containing products at issue in a claimant's case.

Asbestos cases require an exclusive approach and a determined approach to get results. We are regional, local and national counsel.

Statute of Limitations

The majority of lawsuits must be filed within a certain timeframe, referred to as the statute of limitations. For asbestos-related cases, this means the legal deadline for filing is between one and six years after a person is diagnosed with an asbestos-related condition. For the defense it is crucial to establish that the alleged injury or death did occur prior to this timeframe. This usually requires a thorough examination and examination of the plaintiff's employment background, including interviews with former coworkers, as well as an in-depth examination of Social Security and union records, as well as tax and tax records.

Defending an asbestos case involves several complex issues. Asbestos sufferers may develop a mild disease, such as asbestosis, prior to being diagnosed with a fatal disease such as mesothelioma. In these cases, the defense attorney will argue that the statute of limitation should begin when the victim knew or should have reasonably believed that exposure to asbestos caused the disease.

The difficulty of these cases is also exacerbated by the fact that the statute of limitations may differ from state to state. In these instances an experienced mesothelioma lawyer will attempt to bring the case to the state in which the majority of the exposure alleged to have taken place. This can be a daunting task, as asbestos victims often move around the country to find work and the alleged exposure could have occurred in a variety of states.

The discovery process is challenging in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are usually dozens of parties involved. It can be difficult to get meaningful information when there are multiple defendants, and the plaintiff's case is spanning decades.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with regional and local counsel to develop litigation strategy as well as manage local counsel and obtain consistent, cost-effective outcomes in line with client objectives. We regularly appear before coordinating and trial judges, as well as litigation special masters, in jurisdictions across the country.

Bare Metal Defense

In the past, producers of boilers, turbines, valves and pumps have protected themselves against asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a company cannot be held responsible for asbestos-related harms caused by replacement components that the company did not make or install.

In the case of Devries, a worker at an Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, Asbestos Litigation Defense steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment defendants). He claimed he was exposed to asbestos during his time at the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has altered the nature of asbestos litigation, and could influence the way the courts in other jurisdictions deal with the issue of third-party components that manufacturers incorporate into their equipment. The Court declared that the application of the bare metal defense is "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time that a federal appellate court ruled on the"bare-metal" defense in an asbestos case, and it's a major departure from the traditional law regarding product liability. The majority of courts have understood "bare metal" as a denial of the responsibility of a maker to warn about harms caused by replacement parts it did not make or sale.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop litigation strategies, manage regional and local counsel, and provide consistent, cost-effective defense in coordination with their goals. Our attorneys speak at industry conferences on major issues affecting asbestos litigation defense litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven successful in reducing legal costs for our clients.

Expert Witnesses

An expert witness is one who has specific expertise, knowledge or experience and offers independent assistance to the court with the aid of unbiased opinion concerning matters within his field of expertise. He should clearly state his opinion and the facts or assumptions he's basing it on. He should also not overlook any aspects that might affect his conclusions.

In the event that asbestos exposure is claimed medical experts could be required to assess the claimant's condition and identify any causal connections between the condition and the alleged source of exposure. Many of the illnesses associated with asbestos are very complex, requiring the expertise of experts in the field. This can include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

Experts are available to provide an impartial technical support, whether they represent the defense or the prosecution. He should not assume the position as an advocate, nor should he seek to influence or persuade the jury to favor his client. He should not attempt to convince jurors or make an argument.

The expert should work with the other experts to eliminate any peripheral issues and identify any technical issues. The expert should also work with those who instruct him to identify areas of agreement and disagreement for the joint declaration of the expert commissioned by the court.

After his main 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 prepared to answer all questions that were raised during cross-examination.

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

Medical Experts

Due to the latency issues that arise between asbestos exposure and the appearance of symptoms, expert witnesses play a significant role in any case that involves an asbestos litigation group-related injury. Asbestos cases often involve complex theories of injury that span decades and involve dozens or even hundreds of defendants. It is nearly impossible for an individual to prove their case without the assistance of experts.

Medical and other scientific experts are required to determine the extent of an individual's exposure, evaluate their medical conditions and offer insight into possible health issues that could arise in the future. These experts are vital to any case and must be thoroughly examined and knowledgeable in the relevant field. The more experience an expert in science or medicine has, the more persuasive he is.

Asbestos cases typically require an expert in science or medicine to analyze the medical records of the claimant and conduct a physical examination. 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 be required to assist in establishing asbestos-related exposure levels. They can employ advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in a home or Asbestos Litigation Defense workplace and compare them to the legal exposure standards.

These experts can be very valuable in defending companies who produce or distribute latest asbestos litigation-related goods. They are usually able to demonstrate that the levels of exposure for plaintiffs were lower than the limits set by law and that there was not evidence of negligence by the employer or product manufacturer responsibility.

Other experts who could be involved in these instances are occupational and environmental specialists. They can provide insights into the safety procedures that are in place at a specific work site or company and how they connect to asbestos litigation wiki manufacturers' liability. For instance, these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers to release and be inhaled.