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Asbestos Litigation Defense

In order to defend businesses against asbestos litigation meaning litigation, it is necessary to look into the medical records of the plaintiff as well as their work history and testimony. We often use a bare metal defense that focuses on the fact that your company did not manufacture or sell asbestos-containing products that are in the plaintiff's lawsuit.

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

Statute of limitations

The statute of limitations is a time limit within which most lawsuits must be filed. 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. It is essential for the defense to show that the injury was sustained within the timeframe. Often, this requires an exhaustive review of the plaintiff's employment background, including interviews with former coworkers and the careful examination of Social Security, union, tax and other documents.

In defending asbestos cases, there are various 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 cases, a defense attorney will argue that the limitation period should begin when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos triggered the disease.

These cases are complicated due to the fact that the statute of limitations can vary from state to state. In these instances an experienced lawyer for mesothelioma will try to file the case in the state where the bulk of the exposure alleged to have taken place. This can be a daunting task as asbestos litigation online sufferers often move around the country in search of work, and the exposure could have occurred in a variety of states.

The process of discovery can be difficult in asbestos litigation. In contrast to other types of personal injury cases, which typically contain only a few defendants, asbestos-related litigation typically involves dozens or more parties. It can be difficult to get significant 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 work closely with regional and local counsel to develop strategies for litigation, manage local counsel, and achieve consistent and cost-effective results while coordinating with client goals. We regularly appear before coordinating and trial judges as well as special masters of litigation across the country.

Bare Metal Defense

Historically, manufacturers of boilers, turbines and pump equipment have defended themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or component part doctrine. This defense argues that a company cannot be held liable for asbestos-related injuries caused by replacement components that the company didn't design or install.

In the case of Devries, a Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on equipment such as pumps, valves and steam traps (Equipment defendants). He claimed asbestos was ingested while working at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has changed the landscape of asbestos litigation and could affect the way that the courts in other jurisdictions deal with the issue of third-party parts that manufacturers add to equipment. The Court said that the application of the bare-metal defense in this case is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this doctrine to non-maritime cases also.

This was the first time a federal appellate court used the bare-metal defense in a case involving asbestos, and it's a significant deviation from the standard product liability laws. The majority of courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to inform about the potential harms caused by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop strategies for litigation, oversee regional and local counsel, and achieve a consistent, cost-effective defence in coordination with their objectives. Our lawyers participate in industry conferences on important issues that affect asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has been effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

A person with specific expertise, experience or knowledge can be an expert witness. They offer independent assistance to a judge by providing an unbiased opinion on issues within their field of expertise. He should be able to clearly express his opinion and the facts or assumptions he is basing it on. He should not ignore any factors that could influence his conclusions.

In cases that involve allegations of exposure to asbestos litigation online, medical experts are often called upon to assist in the evaluation of the claimant's illness and the identification of any causal connection between their condition and a known source of exposure. Many of the ailments that are caused by asbestos exposure litigation are complicated and require the expertise of experts. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health specialists.

Experts are there to offer unbiased technical assistance, regardless of whether they represent the prosecution or the defense. He should not act as an advocate or attempt to influence the jury in favor of his client. He should not attempt to convince the jury or make an argument.

The expert should collaborate with the other experts to eliminate any issues that are peripheral and reduce any technical issues. The expert should also collaborate with those who instruct him to determine areas of agreement and disagreement in the joint statement of the expert as ordered by the court.

At the conclusion of his examination in chief the expert should be able to be able to explain his findings and the reasoning behind them in a clear and comprehensible manner. He must be able to answer questions from the prosecution or the judge and should be prepared to address any issues that are raised on cross-examination.

Cetrulo LLP is well versed in defending clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our attorneys are able to counsel and manage regional and national defense counsel and local and regional experts and witnesses. Our team regularly appears before coordinating judges, trial judges, and special masters in asbestos litigation across the nation.

Medical Experts

Expert witnesses are crucial in cases which involve asbestos-related injuries due the latency between exposure to asbestos and the initial symptoms. Asbestos cases usually involve complicated theories of injuries that span decades and connect hundreds or even dozens of defendants. Due to this, it is almost impossible for a plaintiff to prove their case without the assistance of experts.

Medical and Asbestos Litigation Defense other scientific experts are essential to determine the extent of a claimant's exposure, assess their medical conditions, and provide insight into possible health issues that could arise in the future. These experts are crucial to any case and must be thoroughly checked and educated about the subject. The more experience an scientist or doctor has, the more persuasive the expert will be.

asbestos litigation paralegal cases usually require an expert in science or medicine to examine the medical records of the claimant and conduct a physical exam. Experts can testify to whether the claimant's exposure asbestos was enough to cause a particular medical condition like mesothelioma, lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g., pleural plaques).

It is possible to seek out other experts, such as industrial hygienists to establish the existence of asbestos exposure levels. They can use advanced analytical and sampling methods to determine the amount of asbestos in the air at a workplace or home to legal exposure standards.

They can be valuable in defending companies who manufacture or distribute asbestos-related products. They are usually in a position to prove that the exposure levels of plaintiffs were not in the range of legal limits and that there was no evidence of employer negligence or the responsibility of the manufacturer of the product.

Other experts involved in these cases include environmental and occupational experts who can provide insights on the safety protocols at a specific workplace or company, and how such protocols relate to asbestos manufacturers' liability. These experts could be able to, for instance, prove that renovation materials disturbed in the course of remodeling could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to escape.