Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough analysis of the plaintiff's employment history as well as medical records and evidence. We typically employ a naked metal defense that focuses on the fact that your company didn't manufacture or sell asbestos-containing products in the plaintiff's lawsuit.
Asbestos cases require a unique approach and a tenacious approach to achieve successful results. We serve as local counsel, regional and national.
Statute of Limitations
The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and six years after a victim is diagnosed with an asbestos-related condition. In order to defend the case, it is important to prove that the alleged injury or death did not occur prior to the deadline. This usually requires a thorough examination and analysis of the plaintiff's employment background, including interviews with former coworkers and a careful review of Social Security and union records, as well as tax and tax documents.
Defending asbestos cases involves a variety of complex issues. For example, asbestos victims typically develop a less serious illness such as asbestosis before being diagnosed with a fatal illness like mesothelioma. In these instances, the defense attorney will argue that the time limit should be set when the victim knew or should have reasonably believed that exposure to asbestos causes their illness.
These cases are made more complex because the statute of limitations could differ from state to state. In these instances, an experienced mesothelioma lawyer will try to bring the case in the state where the bulk of the exposure alleged occurred. This may be a difficult task because asbestos victims often moved across the country to obtain jobs, and the claimed exposure may have taken place in several states.
In addition, the process of discovery is a challenge in asbestos litigation. Unlike other personal injury cases, which usually involve only a few defendants, asbestos-related litigation typically involves a number of defendants. It can be difficult to get an accurate discovery in these cases, particularly when the plaintiff's argument for injuries spans decades and binds many defendants.
The McGivney, Kluger, Clark & Intoccia team has extensive experience 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 achieve consistent, cost-effective results, in coordination with client objectives. We regularly appear before coordination and trial judges and special masters of litigation in jurisdictions across the country.
Bare Metal Defense
In the past, manufacturers of boilers, turbines and pump and valve equipment have successfully defended themselves against asbestos litigation by claiming a defense known as the "bare metal" or component part doctrine. This defense states that a manufacturer 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, a worker at a Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets on equipment such as valves, pumps and steam traps (Equipment defendants). He claimed asbestos was ingested during his time at the plant, and was diagnosed with mesothelioma several years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation, and could affect how courts in other jurisdictions deal with the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said that the application of the bare-metal defense in this case is "cabined" to maritime law, but left open the possibility that other federal circuits could apply this principle to non-maritime cases, as well.
This was the first time that an appeals court of the federal level has used the defense of bare metal in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. The majority of courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a company to warn of the dangers caused by replacement parts that it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop litigation strategies, manage local and regional counsel, and provide an effective, cost-effective and consistent defense in line with their goals. Our attorneys participate in industry conferences on important issues that affect asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique method has proven to be effective in reducing legal expenses for our clients.
Expert Witnesses
An expert witness is one who has specific expertise, knowledge or experience and can provide independent advice to the court in the form of an objective opinion regarding issues that fall within his field of expertise. He must be able to clearly articulate the facts or assumptions on which his opinion is based and should not omit to consider issues that could affect his opinions.
In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the assessment of the claimant's health and the identification of any causal link between their condition and an identified source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of experts. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health specialists.
who asbestos litigation deal are there to provide impartial technical assistance, whether they are representing the prosecution or the defense. He is not expected to assume the role as an advocate or seek to influence or persuade the jury in favour of his client. He should not try to convince the jury or promote an argument.
The expert should work with the other experts in trying to resolve any technical issues at an early stage and eliminate any peripheral issues. The expert should also work with those who instruct him to pinpoint areas of agreement and disagreement for the joint statement of the expert commissioned by the court.
The expert must at the conclusion of his examination, present his conclusions and the reasoning behind them in a way that is easy to understand and clear. He should be prepared to answer questions from the prosecution or the judge and should be willing to discuss any issues that are raised during cross-examination.
Cetrulo LLP is well versed in the defense of clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our attorneys are able to advise and manage regional and national defense counsel and local and regional experts and witnesses. Our team regularly appears before trial judges, coordinating judges and special masters in asbestos litigation throughout the country.
Medical Experts
Expert witnesses are vital in cases which involve asbestos-related injuries due the latency between exposure to asbestos and the initial symptoms. Asbestos cases typically involve complicated theories of injuries that can span decades and connect hundreds or even dozens of defendants. It is nearly impossible for a claimant to prove their case without the assistance of experts.
Medical and other scientists are essential to determine the extent of a person's exposure, evaluate their medical conditions, and provide insight into the possibility of future health issues. Experts like these are essential to any case, and must be thoroughly checked and knowledgeable about the subject. The more experience an expert in medical or scientific fields has the more convincing they will be.
In many asbestos cases, an expert in medicine or a scientist is required to review the records of the claimant and conduct a physical exam. Experts can testify as to whether exposure to asbestos was enough to trigger a specific medical condition such as mesothelioma, lung cancer, or any other form of scarring that affects the respiratory tract and lungs (e.g., pleural plaques).
Other experts like industrial hygienists might be required to aid in determining the existence of asbestos-related exposure levels. They can use advanced analytical and sampling techniques to evaluate the asbestos concentrations in the air at a workplace or home to the legal exposure standards.
These experts can be very useful in defending companies that produce or distribute asbestos-related goods. They are usually in a position to prove that plaintiffs' exposure levels were lower than the limits set by law and that there was not evidence of negligence by the employer or manufacturer liability for the product.
Other experts involved in these cases include occupational and environmental specialists who can provide insight into the adequacy of safety protocols at a given workplace or business and how they are related to the liability of asbestos manufacturers. These experts could, for example, establish that renovation materials disturbed in the course of remodeling could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to escape.