Asbestos Litigation Defense
Defending companies from asbestos litigation requires a thorough analysis of a plaintiff's work history and medical records, as well as testimony. We often use a bare metal defense that focuses on the fact that your company didn't manufacture, sell, or distribute asbestos-containing products that are in the plaintiff's lawsuit.
Asbestos cases are special and require an aggressive approach to achieve successful results. We are 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. In asbestos cases the deadline for filing an action is between one and six years after the victim is diagnosed with an asbestos-related condition. It is important for the defense to show that the alleged injury occurred after the deadline. Often, this means conducting a thorough review of the plaintiff's employment history, including interviews with former colleagues and the careful examination of Social Security, union, tax and other records.
Defending asbestos cases involves a variety of complex issues. For instance, asbestos victims typically develop a less serious illness such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these instances the defense attorney will argue that the time limit should be set when the victim realized or ought to have known that asbestos exposure caused their illness.
The difficulty of these cases is also made more difficult by the fact that the statute of limitations can differ from state to state. In these cases, a seasoned mesothelioma lawyer may try to present the case in a state where the majority of the exposure is believed to have taken place. This can be a challenging task because asbestos victims frequently moved around the country to obtain employment, and the alleged exposure could have occurred in multiple states.
In addition, the process of discovery is a challenge in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Rather than a few defendants as in most cases, there are typically dozens of parties involved. This means it can be hard to obtain meaningful discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and connects several different defendants.
The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to formulate a strategy for litigation, manage local counsel and achieve consistent, cost-effective results in accordance with the goals of the client. We regularly appear before coordination and trial judges as well as special masters of litigation, across the country.
Bare Metal Defense
In the past, makers of boilers, turbines, valves and pumps have protected themselves against asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not liable for asbestos-related injuries caused by replacement parts that they did not manufacture or install.
In the case of Devries, an employee of an Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps and gaskets from equipment like pumps, valves, and steam traps. He claimed that he had been exposed to asbestos when working in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's decision in Devries has changed the course of asbestos litigation, and may impact how courts in other jurisdictions handle the issue of liability for third-party components 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 was the first time that a federal appellate court used the bare-metal defense in a case involving asbestos and it's a major deviation from the standard product liability laws. Most courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn about harms caused by replacement parts it did't manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients to develop strategies for litigation, manage regional and local counsel and provide an effective, cost-effective and consistent defense that is in line with their goals. Our lawyers are invited to speak at industry conferences on important issues affecting asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique method has proven to be effective in reducing legal costs for our clients.
Expert Witnesses
An expert witness is someone who is specialized in his skills, knowledge or experience and can provide independent advice to the court by way of an impartial opinion on matters of his field of expertise. He should clearly state his opinion and the facts or assumptions that he is basing it on. He should also not overlook any aspects that might affect his conclusions.
In the event that asbestos exposure is alleged medical experts may be required to help evaluate the claimant's health and determine any causal connections between the condition and the identified source of exposure. A lot of the diseases associated with asbestos are very complex, and require the expertise of specialists in the field. This includes pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.
In the event of a defense or prosecution, an expert's role is to provide objective technical assistance. He should not act as an advocate or try to influence the jury in favor of his client. The obligation to the court overrides his obligations to his client. He should not try to push a particular argument or find evidence to justify it.
The expert should cooperate with other experts in trying to resolve any technical issues at a very early stage and eliminate any irrelevant matters. The expert should also co-operate with those instructing him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts ordered by the court.
The expert must, at the end of his examination, present his conclusions as well as the reasons for them in a manner that is clear and understandable. He should be able to answer any questions from the prosecution or judge, and be willing to address all points that were raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our attorneys can manage and counsel regional and national defense counsel, as in addition to local regional, expert witnesses and experts. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation throughout the country.
Medical Experts
Due to the latency issues that occur between asbestos exposure and onset of symptoms experts play a significant role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and connect hundreds or dozens of defendants. Because of this, it is nearly impossible for a plaintiff to prove their case without the assistance of experts.
Experts in the fields of medicine and other sciences are required to determine the extent of a person's exposure and their medical condition, and also to give insight into the future health concerns. These experts are crucial to any case and should be thoroughly checked and knowledgeable of the field of study. The more experience the medical or scientific expert has the more persuasive they will be.
In a majority of asbestos cases, an expert in medicine or a scientist is required to review the claimant's records and perform an examination. These experts can testify as to whether the claimant's exposure asbestos was enough to trigger a specific medical condition such as mesothelioma, lung cancer, or other types of scarring on the respiratory tract and lungs (e.g., pleural plaques).
Other experts like industrial hygienists could be required to assist in establishing the existence of asbestos-related exposure levels. They can employ advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare them to the legal exposure standards.
These experts are also useful when defending companies that manufactured or distributed asbestos-related products as they often have the capability of proving that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of negligence by the employer or the manufacturer's responsibility.
Other experts who could be involved in these cases include environmental and occupational specialists. when asbestos litigation report can provide information into the safety guidelines which are in place at a particular workplace or business, and how they relate to the liability of asbestos producers. For example, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and become inhaled.