Asbestos Litigation Defense
To defend companies against asbestos litigation in the future, it is essential to look into the medical records of the plaintiff, work history and testimony. We typically use the bare metal defense, which is focused on proving that your company was not able to manufacture, sell or distribute the asbestos-containing products that are at issue in the claimant's case.
Asbestos cases are special and require a determined strategy to achieve success. We serve as local counsel, regional and national.
Statute of limitations
The statute of limitations is a period within which lawsuits are required to be filed. For asbestos-related cases, that means the legal deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related disease. It is important for the defense to prove that the injury occurred within the timeframe. This often requires a thorough examination and analysis of the plaintiff's employment background, including interviews with former coworkers, and an in-depth review of Social Security and union records as well as tax, tax, and other documents.
In defending an asbestos-related case, there are several complex issues. For example, asbestos victims are more likely to suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal disease like mesothelioma. In these situations, a defense attorney will argue that the time limit for a statute of limitations should begin when the victim was aware or reasonably ought to have known that their exposure to asbestos caused the disease.
These cases are made more complex due to the fact that 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 alleged exposure occurred. This can be a daunting job, since asbestos victims frequently travel across the country looking for work, and the exposure could have occurred in multiple states.
The discovery process is a challenge in asbestos litigation. Contrary to other personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically involves dozens or more defendants. As a result, it is often difficult to obtain relevant evidence in these cases, particularly when the plaintiff's argument for injuries spans decades and binds many defendants.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with regional and local counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results in line with the client's goals. We frequently appear in front of the trial judge and the coordinating judge as and litigation masters across the country.
Bare Metal Defense
In the past, makers of boilers, turbines valves and pumps 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 injury caused by replacement parts they did not design or manufacture.
In the case Devries, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment like pumps, valves and steam traps. He claimed that asbestos was ingested while working at the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation and may impact how courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. Arlington asbestos lawyer said that this use of the bare metal defense is "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.
This was the first time that a federal appellate court used the bare-metal defense in a case involving asbestos and it's a significant deviation from the standard law regarding product liability. Most courts have interpreted "bare metal" as a denial of the obligation of a maker to warn about the dangers posed by replacement parts it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients in developing strategies for litigation, oversee regional and local counsel, and provide an effective, cost-effective and consistent defense in accordance with their goals. Our attorneys also present at conferences for industry professionals on the important issues that influence asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique strategy has proven to be effective in reducing legal costs for our clients.
Expert Witnesses
An expert witness is someone who has specific expertise, knowledge or experience and can provide independent advice to the court in the form of an impartial opinion on matters within his field of expertise. He should clearly state his opinions and the facts or assumptions he is basing it on. He should also not overlook any aspects that could influence his conclusions.
In the event that asbestos exposure is alleged medical experts could be required to assess the claimant's condition and identify any causal links between the condition and the source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of specialists. This includes nurses and doctors, pharmacists, toxicologists or occupational health specialists, epidemiologists and pharmacists.
Whether it is the defense or prosecution the role of an expert is to provide objective technical assistance. He should not assume the position of advocate, nor should he seek to influence or convince the jury to favor his client. He should not attempt to convince the jury or promote an argument.
The expert should cooperate with the other experts in attempting to reduce any technical issues at a very early stage and eliminate any irrelevant issues. The expert should also co-operate with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the reason of the joint statement of experts ordered by the court.
At the conclusion of his main examination the expert must be able to explain his findings and the reasons behind them in a clear and easy-to-understand way. He is expected to be able to respond 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 multi-jurisdictional, multi-party asbestos litigation. Our lawyers can advise and manage regional and national defense counsel and regional and local experts and witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country and also before trial judges and special Masters.
Medical Experts
Expert witnesses are vital in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and onset symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and connect hundreds or dozens of defendants. It is almost impossible for a claimant to prove their case without the assistance of experts.
Medical and other scientific experts 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 they must be thoroughly checked and knowledgeable in the field they are working in. The more experience the medical or scientific expert has the more persuasive they'll be.
Asbestos cases usually require an expert in science or medicine to analyze the claimant's medical records and conduct a physical exam. Experts can testify to whether exposure to asbestos was enough to cause an illness that is specific to him, like mesothelioma or lung cancer, or any other form of scarring that affects the respiratory tract and lungs (e.g. the pleural plaques).
It is possible to seek out other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can utilize advanced sampling and analytical methods to evaluate airborne asbestos levels in a workplace or home and compare them to the legal exposure standards.
These experts can also prove valuable when defending companies that manufactured or distributed asbestos-related products, as they are often capable of demonstrating that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence by the employer or manufacturer liability.
Other experts that could be involved in these cases include occupational and environmental specialists. They can provide insight into the safety guidelines that exist at a particular work site or company, and how they relate to the liability of asbestos producers. These experts can determine, for instance, that renovation materials disturbed in a remodel project may contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to escape.