Asbestos Litigation Defense: The Good The Bad And The Ugly

Asbestos Litigation Defense

In order to defend companies against asbestos lawyers-related lawsuits and claims, it is essential to review the plaintiff's medical records, work history and witness. We often use a bare metal defense, which focuses on proving that your company did not manufacture or sell the products containing asbestos that are the subject of the claimant's lawsuit.

Asbestos cases require an exclusive approach and a determined approach to achieve successful results. We serve as local, regional and national counsel.

Statute of Limitations

The majority of lawsuits must be filed within a certain time frame, also known as the statute of limitations. In asbestos cases, this means that the legal deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related condition. It is essential for the defense to show that the injury occurred within the timeframe. This typically requires a thorough review and examination of the plaintiff's employment background, including interviews with former coworkers, as well as a careful review of Social Security and union records as well as tax, tax, and other records.

Defending an asbestos case involves a number of complex issues. Asbestos victims may develop a less severe illness, such asbestosis, before they are diagnosed with a fatal illness such as mesothelioma. In these instances, the defense attorney will argue that the statute of limitation should begin when the victim was aware or ought to have known that exposure to asbestos caused the disease.

These cases are complicated because the statute of limitations could differ from state to state. In these instances a mesothelioma lawyer who is experienced will attempt to bring the case in the state where the bulk of the exposure alleged occurred. This can be a challenging task because asbestos victims often moved across the country to find work, and the alleged exposure could have occurred in multiple states.

The discovery process is a challenge in asbestos litigation. In contrast to other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically includes dozens or more parties. As a result, it can be hard to get an accurate discovery in these cases, especially when the plaintiff's argument for injuries spans decades and binds multiple defendants.

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 regional and local counsel to develop litigation strategy as well as manage local counsel and obtain consistent, cost-effective outcomes in accordance with the client's goals. We regularly appear in front of coordinating and trial judge, as also litigation masters across the nation.

Bare Metal Defense

In the past, makers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense argues that a company cannot be held liable for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries v. Tennessee Eastman Chemical, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment such as pumps, valves, and steam traps. He claimed asbestos exposure occurred when working at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation. It could affect 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 that other federal circuits to apply this doctrine to cases that are not maritime.

This decision was the first time an appeals court of the federal level has used the defense of bare metal in an asbestos lawsuit, and is an important departure from the traditional product liability law. Most courts have interpreted "bare metal" as a denial 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 to develop litigation strategies, manage local and regional counsel and provide an efficient, cost-effective defense in line with their goals. Our attorneys present at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm's experience includes representing clients across the nation and working closely with the coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven successful in reducing our clients' exposure and legal costs.

Expert Witnesses

A person with specific expertise, skills or experience can be an expert witness. They provide independent assistance to a court by offering an impartial opinion on issues within their area of expertise. He should be able to clearly express his views and the facts or assumptions he's basing it on. He should not ignore any factors that could influence his conclusions.

In the event that asbestos exposure is claimed medical experts may be required to help evaluate the claimant's condition and identify any causal link between the condition and the alleged source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of experts. This could include doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.

In the event of a defense or prosecution, an expert's role is to provide objective technical assistance. Experts should not be an advocate or try to influence the jury to favor his client. The duty to the court supersedes the obligations he has to his client. He should not attempt to support an argument or seek evidence to support it.

The expert should collaborate with the other experts to address any issues that are peripheral and identify any technical issues. The expert should also cooperate with the experts who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint declaration of experts commissioned by the court.

At the conclusion of his main examination, the expert should explain his conclusions and the reasoning behind them in a clear and easy-to-understand manner. He should be prepared to answer any questions from the prosecution or judge, and be willing to discuss all issues that were raised during cross-examination.

Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers are able to counsel and manage national and regional defense counsel, as well as regional and local experts and witnesses. Our team is regularly in front of coordinating judges in asbestos attorneys litigation across the nation, 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 a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that span decades and involve hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientific experts are necessary to assess the extent of a person's exposure, assess their medical conditions and offer insight into the possibility of future health issues. Experts like these are essential to any case and must be thoroughly vetted and knowledgeable about the subject matter. 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 look over the claimant's records and perform an examination. Experts can testify as to whether the claimant's exposure asbestos lawyers was sufficient to cause an illness that is specific to him, like mesothelioma or lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g., pleural plaques).

Other experts, such as industrial hygienists could be required to assist in establishing the existence of asbestos attorneys-related exposure levels. They can employ advanced sampling and analytical techniques to assess the levels of asbestos in the air in a home or workplace and compare them to the legal exposure standards.

These experts can be very beneficial 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 not evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.

Other experts in these instances include occupational and environmental specialists who can provide insight into the adequacy of safety protocols at a given workplace or business and how such protocols relate to asbestos manufacturers' liability. 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 to release and then be inhaled.