Asbestos Litigation Defense
The defense of companies against asbestos litigation requires a thorough examination of a plaintiff's history of work, medical records and testimony. We typically use a bare metal defense, which focuses on proving that your company didn't make or sell asbestos-containing products that are at issue in the claimant's lawsuit.
asbestos litigation meaning require a distinctive approach and a determined strategy to achieve success. We serve as local, regional and national counsel.
Statute of limitations
The statute of limitations is a time limit within which the majority of lawsuits have to be filed. For asbestos cases, that means the deadline for filing a lawsuit is between one and six years after a person is diagnosed with an asbestos-related disease. It is crucial for the defense to prove that the alleged injury occurred after the deadline. Often, this requires reviewing the entirety of the plaintiff's past work background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other documents.
The process of defending asbestos cases involves many complicated issues. For instance, asbestos-related victims often develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness such as mesothelioma. In these instances, a lawyer for defense will argue that the limitation period should begin when the victim was aware or reasonably should have known that their asbestos exposure caused the disease.
These cases are made more complex by the fact the statute of limitations could differ from state to state. In these cases a mesothelioma lawyer who is experienced will attempt to file the case in the state where the majority of the exposure alleged occurred. This may be a difficult task because asbestos victims frequently moved around the country in search of work, and the alleged exposure could have occurred in multiple states.
In addition, the process of discovery is challenging in asbestos litigation. In contrast to other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation typically includes dozens or more defendants. It can be difficult to obtain significant information when there are multiple defendants and the plaintiff's claim extends over a long period of time.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to develop a strategy for litigation as well as manage local counsel and get consistent, cost-effective results, in coordination with the goals of the client. We regularly appear in front of the trial judge and the coordinating judge as also litigation masters across the country.
Bare Metal Defense
In the past, producers of boilers, turbines, valves and pumps have protected themselves against asbestos lawsuits using what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts they did not install or manufacture.
In the case of Devries, an employee at the Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. The plaintiff's job included the removal and replacement insulation, steam traps, and gaskets from equipment such as valves, pumps and steam traps. He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with mesothelioma a few years afterward.
The Supreme Court's Devries decision has altered the landscape of asbestos litigation and may influence the way that courts in other jurisdictions tackle the issue of third-party components that manufacturers include in their equipment. The Court declared that the use of the bare metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this doctrine to cases that are not maritime, as well.
This was the first time a federal appellate court used the"bare-metal" defense in a case involving asbestos, and it is a significant departure from the traditional law regarding product liability. The majority of courts have interpreted the "bare metal" defense as a rejection of the obligation of a company to warn consumers about the harm caused by replacement parts it did not create or sell.
The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop strategies for litigation, oversee local and regional counsel, and provide consistent, cost-effective defense that is in line with their objectives. Our lawyers participate in conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique method has proven successful in reducing legal expenses 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 by way of unbiased opinion concerning matters of his area of expertise. He should clearly state his opinions and the facts or assumptions that he is basing it on. He should not overlook any aspects that could influence his conclusions.
In cases where asbestos exposure is alleged medical experts may be required to evaluate the claimant's health and determine any causal links between the condition and the alleged source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of specialists. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.
In the event of a defense or prosecution, an expert's role is to provide impartial technical assistance. Experts should not be an advocate or try to influence the jury in favor of his client. The obligation to the court overrides the obligations he has to his client. He should not attempt to support a particular argument or find evidence to support it.
The expert should collaborate with other experts to eliminate any issues that are peripheral and identify any technical issues. The expert should also work with the people who instruct him to determine areas of agreement and discord for the joint declaration of expert ordered by the court.
After completing his main examination the expert should be able to be able to explain his findings and the reasons for them in a clear and easy-to-understand way. He should be ready to answer questions posed by the judge or the prosecution, and be able to address all points raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to advise and manage national and regional defense counsel, as well as regional and local experts as well as witnesses. Our team regularly appears before coordinating judges, trial judges and special masters in asbestos litigation throughout the country.
Medical Experts
Expert witnesses are crucial in cases that involve asbestos-related injuries because of the latency between exposure to asbestos and onset symptoms. Asbestos cases often involve complex theories of injuries that can span decades and involve hundreds or dozens of defendants. It is almost impossible for a plaintiff to prove their case without the help of experts.
Experts in medicine and other sciences are required to assess the extent of a person's exposure and their medical condition, as well as to provide insight into future health concerns. These experts are vital to any case and must be thoroughly examined and knowledgeable in the relevant field. The more experience an scientist or doctor has the more convincing he will be.
In many asbestos cases an expert in medicine or a scientist is required to examine the records of the claimant as well as perform an examination. Experts can verify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.
Other experts like industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can employ advanced analytical and sampling methods to evaluate the asbestos concentrations in the air in a home or workplace to legal exposure standards.
These experts can be extremely useful in defending companies that produced or distributed asbestos-related products as they can often be able of proving that the levels of exposure of plaintiffs were below legal limits and that there was no evidence of negligence on the part of the employer or manufacturer liability.
Other experts in these instances include environmental and occupational specialists who can provide insight on the safety protocols at a specific workplace or company, and how these protocols relate to the liability of asbestos manufacturers. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos or that shaking out contaminated clothing could cause asbestos fibers to release and become inhaled.