Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough analysis of the plaintiff's employment history, medical records and testimony. We typically use the bare metal defense, which focuses on arguing that your company was not able to manufacture, sell or distribute the asbestos-containing products that are at issue in a claimant's case.
Asbestos cases are special and require an aggressive approach to achieving successful results. We serve as local counsel, regional and national.
Statute of Limitations
Most lawsuits must be filed within a specific time frame, also known as the statute of limitations. In asbestos cases the deadline for filing an action is between one and 6 years after a victim is diagnosed with an asbestos-related illness. To defend, it is important to prove that the alleged accident or death did not occur prior to this deadline. This usually requires a thorough study and analysis of the plaintiff's work history, which includes interviews with former coworkers, as well as a careful study of Social Security and union records, as well as tax, tax, and other documents.
In defending asbestos cases, there are a variety of complex issues. Asbestos sufferers may develop a mild illness, such asbestosis, prior to being diagnosed with a fatal condition like mesothelioma. In these cases the defense attorney will argue that the limitation period should start when the victim realized or should have reasonably known that exposure to asbestos caused their disease.
The complexity of these cases is also made more difficult by the fact that the statute of limitations may vary between states. In these instances an experienced mesothelioma lawyer will attempt to file the case in the state where most of the alleged exposure occurred. This can be a challenging task as asbestos sufferers typically travel around the country in search of work, and the exposure could have occurred in several states.
Finally, the discovery process is a challenge in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are often many people involved. It is often difficult to obtain relevant evidence in these cases, particularly when the plaintiff's theory of injuries spans decades and involves multiple defendants.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with local and regional 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 in front of the trial judge and the coordinating judge as and litigation masters across the nation.
Bare Metal Defense
Historically, manufacturers of turbine, boiler, pump and valve equipment have defended themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or the component part doctrine. This defense holds that a company cannot be held accountable for asbestos-related injuries caused by replacement components that the company did not design or install.
In the case of Devries, an employee of the Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps and gaskets from equipment such as pumps, valves, and steam traps. He claimed asbestos was ingested 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 impact the way 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 instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits might apply this principle to non-maritime cases as well.
This was the first time that a federal appellate court used the"bare-metal" defense in a case involving asbestos, and it's a major departure from the traditional law regarding product liability. The majority of courts have interpreted "bare metal" as a rejection of the responsibility of a maker to warn about the asbestos litigation group login dangers posed by replacement parts it did not manufacture or sale.
The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop strategies for litigation, manage local and regional counsel and achieve an efficient, cost-effective defense in accordance with their goals. Our attorneys also present at industry conferences on major issues shaping asbestos litigation. Our firm's experience includes representing clients in every state and working closely with the coordinating judges and trial courts, as well as special masters. Our unique approach has proven successful in reducing legal expenses for our clients.
Expert Witnesses
An expert witness is a person who is specialized in his expertise, knowledge or experience and offers independent assistance to the court by way of an impartial opinion on issues that fall within his area of expertise. He must clearly state the facts or assumptions upon which his opinions are based and should not be oblivious to consider issues that could detract from his concluded opinions.
In the event that asbestos exposure is alleged, medical experts may be required to assess the claimant's condition and identify any causal links between the condition and the alleged source of exposure. Many of the illnesses that are caused by asbestos are complicated, requiring the expertise of experts in the field. This could include doctors and nurses pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.
Experts are available to provide unbiased technical assistance, regardless of whether they are representing the defense or the prosecution. He should not act as an advocate or attempt to influence the jury to favor his client. He should not try to convince the jury or promote an argument.
The expert should work with other experts to eliminate any peripheral issues and narrow down any technical issues. The expert should also collaborate with those who instruct him to identify areas of agreement and discord in the joint statement of the expert as ordered by the court.
The expert must at the conclusion of his examination chief, discuss his conclusions and the reasons behind them in a way that is clear and understandable. He should be prepared to answer questions from the prosecution or judge and should be willing to discuss 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 lawyers can advise and manage national and regional defense counsel, as well as regional and local experts as well as witnesses. Our team is regularly in front of coordinating judges in asbestos litigation across the country, as well as 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 beginning symptoms. Asbestos cases often involve complex theories of injuries that can span decades and connect hundreds or dozens of defendants. It is nearly impossible for an individual to prove their case without the help of experts.
Medical and other scientists are essential to determine the extent of a claimant's exposure, evaluate their medical conditions and provide information about potential future health problems. Experts like these are essential in any case and should be well-vetted and familiar with the relevant field. The more experience an expert in medicine or science has the more persuasive they will be.
Asbestos cases often require an expert from a medical or scientific field to review the claimant's medical records and conduct a physical examination. These experts can testify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.
It may be necessary to consult with other experts, such as industrial hygienists, in order to determine if there is asbestos exposure levels. They can employ advanced sampling and analytical methods to assess the levels of asbestos in the air in a workplace or home and compare these to legal exposure standards.
These experts can be very beneficial in defending companies that manufacture or distribute asbestos-related products. They are often capable of proving that the levels of exposure for plaintiffs were below the legal limits, and that there was no evidence of employer negligence or product manufacturer responsibility.
Other experts who could be involved in these instances are occupational and environmental specialists. They can provide insights into the safety guidelines which are in place at a particular work site or company, and how they are related to the liability of asbestos manufacturers. They can, for example, establish that renovation materials damaged during the course of a remodel could contain asbestos or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to release.