7 Small Changes That Will Make A Big Difference With Your Asbestos Lit…

Asbestos Litigation Defense

In order to defend companies against asbestos exposure litigation-related lawsuits, it is necessary to look into the medical records of the plaintiff, work history, and testimony. We often use the bare metal defense which is based on the argument 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 require a distinctive approach and a determined approach to get results. We act as local, regional and national counsel.

Statute of Limitations

The statute of limitations is a time limit within which most lawsuits must be filed. For asbestos-related cases, this means that the statutory deadline for filing is between one and six years after a victim is diagnosed with an asbestos law and litigation-related condition. It is crucial for the defense to prove that the injury was sustained after the deadline. Often, this means conducting a thorough review of the plaintiff's employment background, including interviews with former coworkers as well as the careful review of Social Security, union, tax and other records.

In defending an asbestos-related case, there are many complicated issues. For instance, asbestos defense litigation victims are more likely to suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal disease such as mesothelioma. In these instances, the defense attorney will argue that the statute of limitation should begin when the victim knew or should have reasonably believed that exposure to asbestos causes the disease.

The complexity of these cases is also complicated by the fact that the statute of limitations may differ from state to state. In these instances, an experienced mesothelioma lawyer will attempt to file the case in the state where the bulk of the exposure is believed to have taken place. This can be a daunting task, as asbestos defense litigation victims frequently travel across the country to find jobs, and the alleged exposure could have occurred in multiple states.

Finally, the discovery process is challenging in asbestos litigation. Unlike other personal injury cases, which often have only a handful of defendants, asbestos-related litigation usually involves dozens or more parties. It can be difficult to obtain significant information when there are multiple defendants and the plaintiff's claim is spanning decades.

The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation and manage local counsel and achieve consistently cost-effective results in coordination with the client's goals. We regularly appear before coordination and trial judges as well as special masters of litigation, in jurisdictions across the country.

Bare Metal Defense

In the past, producers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense argues that a manufacturer cannot be held responsible for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The plaintiff's job included the removal and replacement 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 shifted the landscape of asbestos litigation. It may impact how courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. The Court declared that the application of the bare metal defense is "cabined" in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that are not maritime.

This decision was the first time a federal appeals court has applied the bare metal defense in an asbestos lawsuit, and is quite a departure from the norms of product liability law. The majority of courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn 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 in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing litigation strategies, manage local and regional counsel, and achieve an effective, cost-effective and consistent defense that is in line with their objectives. Our attorneys present at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven successful in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is a person who is specialized in his skills, experience or knowledge and provides independent assistance to the court in the form of unbiased opinion concerning matters of his expertise. He must clearly state his views and the facts or assumptions he is basing it on. He should also not ignore any factors that could influence his conclusions.

In the event that asbestos exposure is alleged, medical experts may be required to assess the claimant's health and determine any causal link between the condition and the alleged source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of specialists. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.

If it's the defense or prosecution the expert's job is to provide impartial technical assistance. He should not act as an advocate or try to influence the jury to favor his client. He should not try to convince the jury or make an argument.

The expert should collaborate with the other experts to address any peripheral issues and reduce any technical issues. The expert should also work with the people who instruct him to pinpoint areas of agreement and disagreement for the joint statement of the expert commissioned by the court.

After completing his main examination the expert should be able to be able to explain his findings and the reasoning behind them in a clear and understandable manner. He is expected to be able to respond questions from the prosecution or the judge and should be prepared 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 lawyers are able to manage and counsel national and regional defense counsel as in addition to local, regional and expert witnesses and experts. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation across the country.

Medical Experts

Due to the latency issues that arise between asbestos exposure and onset of symptoms, expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for 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 an individual's exposure, assess their medical conditions, and provide insight into potential future health problems. These experts are crucial in any case and should be thoroughly checked and knowledgeable of the relevant field. The more experience the medical or scientific expert has, the more persuasive they'll be.

Asbestos cases often require a medical or scientific expert to analyze the medical records of the claimant and conduct a physical examination. These experts can testify as to whether exposure to asbestos was enough to cause an illness that is specific to him, such as mesothelioma, lung cancer, or other forms of scarring on the lungs and Asbestos Litigation Defense respiratory tract (e.g., pleural plaques).

It is possible to consult with other experts, like industrial hygienists to establish the existence of asbestos exposure levels. They can use sophisticated analytical and sampling techniques to compare airborne asbestos levels at the workplace or at home to legal exposure standards.

These experts can be useful in defending companies that produce or distribute asbestos-related goods. They are usually capable of proving that the levels of exposure for plaintiffs were not in the range of legal limits and that there was no evidence of employer negligence or product manufacturer responsibility.

Other experts that could be involved in these instances are occupational and environmental specialists. They can provide insights into the safety protocols that are in place at a specific work site or company and how they connect to asbestos manufacturers' liability. These experts could, for example, establish that renovation materials disturbed in the course of a remodel could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to escape.