20 Trailblazers Lead The Way In Asbestos Litigation Defense

Asbestos Litigation Defense
In order to defend companies against asbestos litigation and claims, it is essential to review the medical records of the plaintiff, work history and witness. We typically use the bare-metal defense, which focuses on arguing that your company did not make, sell or distribute the asbestos-containing products in question in the case of a claimant.
Asbestos cases are distinct and require a tenacious strategy to achieve success. We act as local, regional and national counsel.
Statute of limitations
The statute of limitations is a time limit within which most lawsuits must be filed. In asbestos cases, that means the deadline for filing a lawsuit is between one and six years after a person becomes diagnosed with an asbestos-related disease. In order to defend the case, it is important to establish that the alleged injury or death did occur within this deadline. Often, this requires reviewing the entirety of the plaintiff's work history, including interviews with former colleagues and the careful examination of Social Security, union, tax and other records.
In defending asbestos cases, there are a variety of complex issues. Asbestos sufferers may suffer from a less severe illness, such asbestosis, prior to being diagnosed with a fatal condition like mesothelioma. In these cases an attorney for defense will argue that the limitation period should begin when the victim knew or reasonably ought to have known that their asbestos exposure caused the disease.
The complex nature of these cases is also complicated by the fact that the time limit for filing a lawsuit may differ between states. In these instances an experienced mesothelioma lawyer will attempt to file the case in the state where the bulk of the exposure alleged to have taken place. This could be a challenging task because asbestos victims 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. Unlike other types of personal injury cases, which usually involve only a few defendants, asbestos-related litigation usually involves a number of defendants. As a result, it can be difficult to get relevant evidence in these cases, especially when the plaintiff's argument for injuries spans decades and binds many defendants.
The McGivney, Kluger, Clark & Intoccia team has extensive experience serving 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 the client's goals. We regularly appear before coordinating and trial judge, as well as litigation masters, across the country.
Bare Metal Defense
Historically, manufacturers of boiler, turbine, pump and valve equipment have successfully defended themselves against asbestos litigation by asserting a defense known as the "bare metal" or component part doctrine. This defense states that a company is not responsible for asbestos-related injuries caused by replacement parts that they did not design or manufacture.
In the case of Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment, such as pumps, valves and steam traps. He claimed that asbestos was ingested while working at the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation and could impact the way courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said that this use of the bare-metal defense was "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.
This decision was the first time that a federal appeals court 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 this "bare metal" defense as a rejection of the obligation of a company to warn consumers about the harm caused by replacement parts they did not make 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 strategies for litigation, oversee local and regional counsel, and achieve consistent, cost-effective defense that aligns with their objectives. Our attorneys also speak at conferences for industry professionals on the major issues shaping asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, judges and litigation special masters. Our unique strategy has proven to be effective in reducing legal expenses for our clients.
Expert Witnesses
A person with specific expertise, experience or knowledge is an expert witness. They provide impartial assistance to courts by providing an unbiased opinion on matters within their area of expertise. He should clearly state the facts or assumptions upon which his opinion is based and should not be oblivious to look into matters that might affect his opinions.
In cases where asbestos exposure is alleged medical experts could be required to evaluate the claimant's health and determine any causal link between the condition and the identified source of exposure. YouTube of the illnesses associated with asbestos are complex and require the expertise of specialists. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.
Experts are there to provide impartial technical assistance, whether they represent the prosecution or the defense. He should not assume the role as an advocate and should not try to influence or convince the jury in favour of his client. The obligation to the court supersedes the obligations he has to his client. He should not try to push a particular argument or find evidence to justify it.
The expert should collaborate with the other experts to eliminate any issues that are peripheral and identify any technical issues. The expert should also cooperate with the experts who instruct 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.
The expert must finish his examination chief, discuss his conclusions and the reasoning behind them in a manner that is clear and understandable. He should be prepared to answer questions posed by the judge or prosecution and be prepared to answer all questions that are raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can manage and counsel national and regional defense counsel as in addition to local, regional and expert witnesses and experts. Our team is regularly in front of the coordinating judges, trial judges, and special masters in asbestos litigation across the country.
Medical Experts
Expert witnesses are crucial in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and the onset symptoms. Asbestos cases often involve complex theories of injury that can span decades and connect dozens or even hundreds of defendants. Due to this, it is nearly impossible for a plaintiff to establish their case without the assistance of experts.
Medical and other experts in the field are necessary to assess the extent of a person's exposure, assess their medical conditions and provide information about potential future health problems. Experts like these are essential to any case, and must be thoroughly checked and knowledgeable in the field they are working in. The more experience the medical or scientific expert has, the more persuasive they will be.
In a majority of asbestos cases, a medical expert or scientist is required to look over the records of the claimant as well as perform a physical exam. Experts can testify as to whether the claimant's exposure to asbestos was enough to cause an illness that is specific to him, like mesothelioma or lung cancer, or other types of scarring in the lungs and respiratory tract (e.g., pleural plaques).
It is possible to seek out other experts, such as industrial hygienists, in order to determine the presence of asbestos exposure levels. They can use advanced analytical and sampling techniques to compare airborne asbestos levels at the workplace or at home with the standards for exposure that are legally required.
These types of experts are also useful when defending companies who manufactured or distributed asbestos-related products, as they are often capable of demonstrating that the levels of exposure of plaintiffs were within the legal limit and that there was no evidence of employer negligence or the manufacturer's responsibility.
Other experts who may be involved in these cases are environmental and occupational specialists. They can provide information into the safety protocols that exist at a particular work site or company and how they are related to the liability of asbestos producers. For instance, they can establish that renovation materials that are disturbed during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers release and become inhaled.