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Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough examination of a plaintiff's history of work and medical records, as well as testimony. We often use the bare-metal defense, which is focused on proving that your company didn't manufacture or sell the asbestos-containing products that are at issue in a claimant's case.

Asbestos cases require an exclusive approach and a tenacious approach to achieve successful results. We are local, regional and national counsel.

Statute of limitations

The majority of lawsuits must be filed within a certain time period, known as the statute of limitations. For 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 illness. In order to defend the case it is essential to prove that the alleged injury or death did not occur prior to this deadline. This usually requires a thorough review and analysis of the plaintiff's work history, including interviews of former coworkers, and a thorough review of Social Security and union records and tax and tax records.

The process of defending asbestos cases involves a variety of complex issues. For instance, asbestos lawyer-related victims often develop a less serious illness such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these cases an attorney for defense will argue that the statute of limitations should start when the victim knew or reasonably ought to have known that their exposure to asbestos triggered the disease.

The complex nature of these cases is also exacerbated by the fact that the time limit for filing a lawsuit may vary between states. In these cases, a seasoned mesothelioma lawyer may try to present the case in a state where the majority of the exposure is believed to have taken place. This could be a challenging task as asbestos patients frequently moved around the country to find employment, and the alleged exposure could have occurred in several states.

In addition, the process of discovery is difficult in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants as in most cases, there are typically several parties involved. It can be difficult to get relevant discovery when there are multiple defendants, and the plaintiff's case stretches over decades.

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 strategies and manage local counsel and produce efficient and consistent results while coordinating with the client's goals. We regularly appear before coordinating and trial judge, as well as litigation masters, across the nation.

Bare Metal Defense

In the past, manufacturers of boilers, turbines pumps and valves have defended themselves from asbestos lawsuits by arguing the "bare metal" doctrine or the component part doctrine. This defense states that a company is not liable for asbestos-related injuries caused by replacement parts they did not install or manufacture.

In the case of Devries, an employee of the Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment such as pumps, valves, and steam traps. He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation. It could impact the way courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court stated that the application of the bare metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this principle to non-maritime cases as well.

This was the first time that a federal appellate court applied the bare-metal defense in an asbestos lawyers case, and it's a significant departure for traditional product liability laws. The majority of courts have understood "bare metal" as a denial of the responsibility of a manufacturer to inform about the dangers posed 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 regional and local counsel, and provide an efficient, cost-effective defense in coordination with their objectives. Our attorneys also speak at industry conferences on important issues that influence asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique approach has been effective in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is someone who has specific expertise, knowledge or experience and provides independent assistance to the court by way of unbiased opinion concerning matters within his expertise. He should be able to clearly express his views and the facts or assumptions he is basing it on. He should also not overlook any aspects that could affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical experts are often asked to assist in the assessment of the claimant's condition and to determine if there is a connection between their condition and a known source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of experts. This can include nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists and pharmacists.

In the event of a prosecution or defence the role of an expert is to provide objective technical assistance. He should not assume the role of an advocate and should not try to influence or convince a jury to support his client. The obligation to the court overrides his duties to his client and he should not attempt to support an argument or locate evidence to justify it.

The expert should work with the other experts in attempting to narrow any technical issues at an early stage and eliminate any other peripheral issues. The expert should also work with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts commissioned by the court.

The expert must finish his examination, present his conclusions as well as the reasons for them in a way that is clear and understandable. He should be able to answer questions posed by the judge or prosecution and be able to answer all questions that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can advise and manage regional and national defense counsel as well as regional and local experts and witnesses. Our team is regularly in front of coordinating judges, trial judges and special masters in asbestos litigation throughout the country.

Medical Experts

Due to the latency issues that occur between asbestos exposure and the onset 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 injuries that can span decades and connect hundreds or dozens of defendants. This is why it's nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other experts in the field are required to determine the extent of a claimant's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are vital to any case, and they must be thoroughly checked and knowledgeable in the relevant field. The more experience an expert in medical or scientific fields has the more persuasive they'll be.

In many asbestos cases an expert in medicine or a scientist is required to look over the claimant's records and perform a physical exam. These experts can testify as to whether the claimant's exposure asbestos was sufficient to cause a specific medical condition such as mesothelioma, lung cancer, or other forms of scarring on the lungs and respiratory tract (e.g. plaques in the pleural cavity).

Other experts like industrial hygienists may be required to aid in establishing the existence of asbestos-related exposure levels. They can employ advanced analytical and sampling techniques to determine the amount of asbestos in the air at the workplace or at home to the legal exposure standards.

These experts are also useful when defending companies that manufactured or distributed asbestos-related products, as they often have the capability of demonstrating that the levels of exposure of plaintiffs were within legal limits and that there was no evidence of negligence by the employer or manufacturer responsibility.

Other experts who could be involved in these instances are environmental and occupational specialists. They can provide insight into the safety procedures which are in place at a particular workplace or company, and how they are related to the liability of asbestos producers. They can, for example, establish that renovation materials disturbed in the course of a remodel could contain asbestos lawyer, or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to release.