10 Top Mobile Apps For Asbestos Litigation Defense

Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough analysis of the plaintiff's employment history, medical records and testimony. We typically use the bare metal defense which is focused on proving that your company didn't manufacture or sell the asbestos-containing products at issue in the case of a claimant.

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

Statute of Limitations

The majority of lawsuits must be filed within a specific time frame, also known as the statute of limitations. For asbestos cases, this means the legal deadline for filing is between one and six years after a victim becomes diagnosed with an asbestos-related disease. It is important for the defense to prove that the injury was sustained after the deadline. Often, this means conducting a thorough review of the plaintiff's past work history, which includes interviews with former coworkers as well as the careful review of Social Security, union, tax and other documents.

Defending an asbestos case involves several complex issues. For example, asbestos victims are more likely to develop a less serious illness such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these instances, the defense attorney will argue that the statute of limitation should begin when the victim realized or should have reasonably known that exposure to asbestos causes their illness.

The complex nature of these cases is also made more difficult by the fact that the statute of limitations may differ from state to state. In these instances a mesothelioma lawyer who is experienced will try to start the case in the state where the majority of the alleged exposure occurred. This could be a challenging task since asbestos attorney sufferers frequently moved around the country in search of jobs, and the claimed exposure could have occurred in several states.

In addition, the process of discovery is a challenge in asbestos litigation. Unlike other personal injury cases, which typically involve only a few defendants, asbestos-related litigation usually includes dozens or more defendants. It can be difficult to obtain relevant information when there are multiple defendants, and the plaintiff's case is spanning decades.

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

Bare Metal Defense

In the past, makers of boilers, turbines, valves and pumps have defended themselves against asbestos lawsuits by arguing the "bare metal" doctrine or component part doctrine. This defense holds that a company cannot be held accountable for asbestos-related injuries caused by replacement components that the company did not make or install.

In the case of Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his 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 had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation, and may impact how courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court stated that this 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 ruling was the first time a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and is an important departure from the traditional product liability law. The majority of courts have interpreted the "bare metal" defense as rejecting the responsibility of a manufacturer to warn of the dangers caused by replacement parts it did not manufacture 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 in developing strategies for litigation, oversee local and regional counsel, and ensure an efficient, cost-effective defense in line with their goals. Our attorneys also speak at conferences for industry professionals on the major issues shaping asbestos litigation. Our firm's experience includes representing clients in every state and collaborating with the coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven to be effective in reducing legal costs for our clients.

Expert Witnesses

A person who has specialized expertise, skills or experience can be an expert witness. They provide impartial assistance to courts by providing an unbiased opinion on matters that are within their field of expertise. He should be able to clearly express his opinions and the evidence or assumptions he is basing it on. He should not ignore any factors that could affect his conclusions.

In cases where asbestos exposure is alleged medical experts could be required to evaluate the claimant's condition and identify any causal connections between the condition and the source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of specialists. This could include doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.

Whether it is the prosecution or defence the role of an expert is to provide objective technical assistance. He is not expected to assume the role of an advocate and should not try to influence or persuade the jury in favour of his client. He should not attempt to convince the jury or make an argument.

The expert should work with other experts in trying to resolve any technical issues at a very early stage and eliminate any peripheral matters. The expert should also work with those who instruct him to identify areas of agreement and discord for the joint statement of the expert commissioned by the court.

After completing his examination in chief, the expert should present his conclusions and the reasoning behind them in a clear and comprehensible manner. He must be able to answer questions from the prosecution or judge and should be prepared to discuss any issues that are raised during cross-examination.

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

Medical Experts

Due to the latency issues that arise between asbestos exposure and appearance 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 stretch for decades and connect hundreds or even dozens of defendants. It is almost impossible for a claimant to prove their case without the assistance of experts.

Experts in the fields of medicine and other sciences are needed to evaluate the extent of a person's exposure and medical condition, and also to give insight into the future health issues. Experts like these are essential to any case, and they must be thoroughly examined and educated about the subject. The more experience a medical or scientific expert has the more persuasive they'll be.

In many asbestos cases, an expert in medicine or a scientist is required to look over the records of the claimant and conduct a physical exam. These experts can testify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.

Other experts such as industrial hygienists may also be needed to assist in establishing asbestos-related exposure levels. They can employ advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a workplace or home and compare them to the legal exposure standards.

These types of experts can also prove valuable when defending companies who manufactured or distributed asbestos lawyer-related goods as they are often capable of demonstrating that the exposure levels of plaintiffs were below legal limits and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts that could be involved in these instances are environmental and occupational specialists. They can provide insights into the safety procedures which are in place at a particular workplace or company, and how they relate to asbestos manufacturers' liability. For instance, they can establish that renovation materials damaged during a remodel are more likely to contain asbestos, or that shaking out contaminated clothing could cause asbestos fibers to release and become inhaled.