"The Ultimate Cheat Sheet On Asbestos Litigation Defense

Asbestos Litigation Defense

In order to defend companies against asbestos litigation and claims, it is essential to examine the plaintiff's medical records, work history, and testimony. We typically 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 in question in the claimant's case.

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

Statute of limitations

The majority of lawsuits have to be filed within a specific 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 a victim is diagnosed with an asbestos-related illness. For the defense it is crucial to prove that the claimed accident or death did not occur prior to the timeframe. This typically requires a thorough review and analysis of the plaintiff's employment background, including interviews with former coworkers, as well as a thorough review of Social Security and union records, as well as tax, tax, and other documents.

The process of defending an asbestos case involves several complex issues. For instance, asbestos-related victims often develop a less serious illness such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these instances the attorney representing the defense will argue that the statute of limitation should begin when the victim was aware or should have reasonably known that asbestos exposure caused the disease.

The complexity of these cases is also complicated by the fact that the statute of limitations can differ between states. In these instances, a seasoned mesothelioma lawyer will attempt to file the case in the state where the bulk of the exposure alleged to have taken place. This can be a challenging task because asbestos victims often moved across the country to find employment, and the alleged exposure may have taken place in several states.

The discovery process isn't always easy in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are often dozens of parties involved. As a result, it can be difficult to get relevant evidence in these cases, particularly when the plaintiff's theory of injuries spans decades and connects 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 local and regional counsel to develop litigation strategy as well as manage local counsel and get consistent, cost-effective results in line with the goals of the client. We regularly appear before coordinating and trial judges, as well as special masters of litigation, in jurisdictions across the country.

Bare Metal Defense

In the past, producers of boilers, turbines, valves and pumps have defended themselves against asbestos lawsuits using what is known as "bare metal" doctrine or component part doctrine. This defense states that a company is not responsible for asbestos-related injury caused by replacement parts they did not install or manufacture.

In the case of Devries, an employee of the Tennessee Eastman chemical plant sued several equipment manufacturers for his mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets on equipment like valves, pumps and steam traps (Equipment defendants). He claimed he was exposed to asbestos lawyers while working at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has changed the nature of asbestos litigation and could affect the way courts in other jurisdictions approach the issue of third-party components that manufacturers incorporate into their equipment. The Court said that this use of the bare metal defense is "cabined" in maritime law, but left open the possibility that other federal circuits to apply this doctrine to cases that are not maritime.

This ruling was the first time that an appeals court of the federal level has applied the bare-metal defense in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. Most courts have interpreted the "bare metal" defense as rejecting the obligation of a manufacturer to warn of the dangers caused by replacement parts they did not make or sell.

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 litigation strategies, manage regional and local counsel, and achieve an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys present at conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique approach has been effective in decreasing our clients' risk and legal costs.

Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They offer independent assistance to a court by offering an impartial opinion on issues within their area of expertise. He must be able to clearly articulate the facts or assumptions upon which his opinions are based and should not omit to consider matters which could affect his conclusions.

In the event that asbestos exposure is claimed medical experts could be required to assess the claimant's health and determine any causal connections between the condition and the identified source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of specialists. This could include nurses and doctors, pharmacists, toxicologists or epidemiologists, occupational health specialists and pharmacists.

Experts are there to provide unbiased technical assistance, regardless of whether they are representing the prosecution or the defense. He should not assume the position of an advocate, nor should he seek to influence or persuade the jury to favor his client. He should not try to convince the jury or advocate for an argument.

The expert should cooperate with other experts in trying to reduce any technical issues at an early stage and eliminate any irrelevant matters. The expert should also collaborate with the people who instruct him to identify areas of agreement and disagreement for the joint declaration of the expert as ordered by the court.

At the conclusion of his examination in chief, the expert should present his conclusions and the reasons for them in a clear and comprehensible manner. He should be prepared to answer any questions from the judge or the prosecution, and be prepared to address all points that were raised during cross-examination.

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

Medical Experts

Due to the issues of latency that occur between asbestos exposure and the appearance of symptoms Expert witnesses play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injury that stretch for decades and link hundreds or even dozens of defendants. This is why it is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientists are required to determine the extent of a claimant's exposure, assess their medical conditions and provide information about the possibility of future health issues. These experts are crucial to any case and must be thoroughly vetted and knowledgeable about the relevant field. The more experience the medical or scientific expert has, the more persuasive they'll be.

Asbestos cases usually require an expert from a medical or scientific field to review 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 aid in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling and analytical methods to determine the amount of asbestos in the air in a workplace or home and compare them to the legal exposure standards.

They can be useful in defending companies that produce or distribute asbestos-related goods. They often are able to demonstrate that the exposure levels of plaintiffs were not in the range of legal limits, and that there was no evidence of negligence by the employer or the responsibility of the manufacturer of the product.

Other experts in these cases include occupational and environmental specialists who can provide insights on the safety protocols at a specific work site or company and how such protocols are related to the liability of asbestos manufacturers. They can be able to, for instance, prove that renovation materials disturbed in the course of a remodel could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to be released.