Asbestos Litigation Defense
To defend companies against asbestos litigation in the future, it is essential to look into the medical records of the plaintiff as well as their work history and testimony. We typically use the bare metal defense, which is focused on proving that your company did not make or sell the asbestos-containing products at issue in the claimant's case.
Asbestos cases are special and require an aggressive approach to achieving successful results. We act as local counsel, regional and national.
Statute of limitations
Most lawsuits must be filed within a certain time frame, also known as the statute of limitations. In asbestos cases, this means the deadline for filing a lawsuit is between one and six years after a person becomes diagnosed with an asbestos-related condition. In order to defend the case, it is important to establish that the alleged accident or death did not occur within this deadline. Often, this requires conducting a thorough review of the plaintiff's work history, which includes interviews with former colleagues and the careful examination of Social Security, union, tax and other records.
Defending an asbestos case involves several complex issues. Asbestos victims may develop a less severe illness, such as asbestosis, before being diagnosed with a fatal disease such as mesothelioma. In these cases the attorney representing the defense will argue that the statute of limitation should begin when the victim knew or should have reasonably known that exposure to asbestos caused their 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 mesothelioma lawyer will attempt to file the case in the state where the bulk of the exposure alleged occurred. This may be a difficult task as asbestos patients often moved across the country to obtain jobs, and the claimed exposure may have taken place in several states.
The discovery process is a challenge in asbestos litigation. In contrast to other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically involves dozens or more parties. 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 extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to devise 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
In the past, manufacturers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits using what is referred to as "bare metal" doctrine or component part doctrine. This defense states that a company is not liable for asbestos-related injury caused by replacement parts that they did not design or manufacture.
In the case of Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed he was exposed asbestos while working in the plant and was diagnosed with Mesothelioma several years later.
The Supreme Court's decision in Devries has changed the course of asbestos litigation, and may impact how courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court 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 decision was the first time an appeals court of the federal level 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 understood "bare metal" as a denial of the responsibility of a maker to warn about harms caused by replacement parts it did not make or sale.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, oversee local and regional counsel, and ensure a an efficient, cost-effective defense that aligns with their objectives. Our attorneys also present at industry conferences about key issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and collaborating closely with the coordinating judges and trial courts as well as litigation special masters. Our unique approach has been successful in cutting down on our clients' exposure and legal costs.
Expert Witnesses
A person who has specialized expertise, experience or knowledge is an expert witness. They offer independent assistance to a judge by providing an objective opinion on issues within their field of expertise. He must clearly state the facts or assumptions upon which his opinion is based and should not be oblivious to look into matters that could detract from his concluded conclusions.
In cases that involve allegations of exposure to asbestos, medical professionals are often asked to assist in the assessment of the claimant's condition and to determine if there is a connection between their condition and a known source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of specialists. This can include nurses and doctors, pharmacists, toxicologists or occupational health specialists, epidemiologists, and pharmacists.
Whether it is the defense or prosecution the expert's job is to provide objective technical assistance. He is not expected to assume the role of advocate or seek to influence or convince the jury to support his client. He should not try to convince jurors or advocate for an argument.
The expert should work with the other experts in trying to reduce any technical issues at a very early stage and eliminate any other peripheral issues. The expert should also work with those instructing 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.
The expert should at the conclusion of his examination, present his conclusions and the reasoning behind them in a way that is clear and easy to comprehend. what asbestos litigation pros and cons is expected to be able to respond questions from the prosecution or judge and should be prepared to address any points which are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to handle and advise regional and national defense counsel, as along with local regional, expert witnesses and experts. Our team regularly appears before trial judges, coordinating judges, and special masters of asbestos litigation across the nation.
Medical Experts
Due to the latency issues that occur between asbestos exposure and beginning of symptoms experts play an extremely important role in any case involving an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that can span decades and involve dozens or even hundreds of defendants. It is nearly impossible for an individual 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 medical condition as well as give insight into the future health issues. These experts are crucial to any case and should be well-vetted and familiar with the subject matter. The more experience an expert in science or medicine has the more persuasive the expert will be.
In a majority of asbestos cases, an expert in medicine or a scientist is required to look over the claimant's records and perform an examination. Experts can determine if asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.
Other experts such as industrial hygienists may also be needed to assist in establishing the existence of asbestos-related exposure levels. They can utilize advanced sampling and analytical techniques to determine the amount of asbestos in the air in a workplace or home and compare these to legal exposure standards.
They can be useful in defending companies that produce or distribute asbestos-related goods. They often are in a position to prove that plaintiffs' exposure levels were not in the range of legal limits and that there was no evidence of negligence on the part of the employer or product manufacturer responsibility.
Other experts in these instances include occupational and environmental specialists who can offer insights into the quality of safety protocols at a specific workplace or business and how such protocols are related to the liability of asbestos manufacturers. For instance, these experts can establish that the materials damaged during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers release and then be inhaled.