Asbestos Litigation Defense
In order to defend businesses against asbestos litigation in the future, it is essential to examine the plaintiff's medical records, work history, and testimony. We typically use the bare metal defense, which focuses on arguing that your company didn't manufacture or sell the asbestos-containing products that are at issue in the case of a claimant.
Asbestos cases are special and require a tenacious strategy to achieve success. 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. For asbestos cases, this means the statutory deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related condition. It is essential for the defense to prove that the alleged injury occurred within the timeframe. This usually requires a thorough study and analysis of the plaintiff's employment history, which includes interviews with former coworkers and a thorough examination of Social Security and union records, as well as tax and tax records.
In defending an asbestos-related case, there are several complex issues. For instance, asbestos victims typically suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness such as mesothelioma. In these cases, a defense attorney will argue that the statute of limitations should start when the victim was aware or reasonably should have known that their asbestos exposure caused the disease.
These cases are complicated because the statute of limitations can vary from state to state. In these instances, a seasoned lawyer for mesothelioma will try to file the case in the state where the bulk of the exposure alleged to have taken place. This could be a challenging task as asbestos patients frequently moved around the country in search of jobs, and the claimed exposure could have occurred in several states.
The process of discovery can be difficult in asbestos litigation. Contrary to other types of personal injury cases, which usually contain only a few 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 theory stretches over decades.
The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to develop litigation strategy and manage local counsel to get consistent, cost-effective results in accordance with the client's goals. We regularly appear in front of the trial judge and the coordinating judge as well as litigation masters, across the nation.
Bare Metal Defense
The past has seen manufacturers of turbine, boiler and pump equipment have sought to defend themselves in asbestos litigation by asserting the defense referred to as the "bare metal" or component part doctrine. This defense holds that a manufacturer can't be held liable for asbestos-related harms caused by replacement components that the company did not design or install.
In the case Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on equipment like pumps, valves and steam traps (Equipment defendants). He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has changed the nature of asbestos litigation and could affect the way that courts in other jurisdictions tackle the issue of third-party components manufacturers incorporate into their equipment. 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 also.
This was the first time that a federal appellate court applied the bare-metal defense in a case involving asbestos and it's a significant departure from the traditional law regarding product liability. The majority of courts have understood "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 sell.
The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We assist our clients to develop litigation strategies, manage regional and local counsel and provide consistent, cost-effective defense that aligns with their objectives. Our lawyers are invited to participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm has a long history of 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 expenses for our clients.
Expert Witnesses
A person with specific expertise, experience or knowledge is an expert witness. They offer independent assistance to a judge by offering an impartial opinion on matters that are within their field of expertise. He must clearly state the facts or assumptions on which his opinion is based and must not fail to consider matters which could affect his conclusions.
In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's condition and the determination of any causal connection between their condition and a known source of exposure. Many of the ailments associated with asbestos are very complex, requiring the expertise of experts in the field. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.
Whether it is the prosecution or defence the role of an expert is to provide impartial technical assistance. Experts should not be an advocate or attempt to influence the jury in favor of his client. The duty to the court is greater than the obligations he has to his client, and he should not try to push an argument or seek evidence to back it.
The expert should collaborate with the other experts to address any issues that are peripheral and narrow down any technical issues. The expert should also collaborate with the people who instruct him to determine areas of agreement and discord for the joint declaration of the expert commissioned by the court.
The expert should finish his examination, present his conclusions and the reasons for them in a way that is easy to understand and clear. He should be able to answer any questions from the judge or the prosecution, and be prepared to address all points raised during cross-examination.
Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our attorneys are able to counsel and manage national and regional defense counsel and regional and local experts and witnesses. Our team regularly appears before judges who are coordinating asbestos litigation across the nation, as well as trial judges and special Masters.
Medical Experts
Expert witnesses are vital in cases involving asbestos-related injuries due to the time lag between exposure to asbestos and the onset symptoms. Asbestos cases often involve complex theories of injuries that can span decades and connect hundreds or even dozens of defendants. This is why it's nearly impossible for a plaintiff to establish their case without the assistance of experts.
Medical and other scientists are essential to determine the extent of an individual's exposure, evaluate their medical conditions and offer insight into the possibility of future health issues. Experts like these are essential in any case and should be thoroughly checked and knowledgeable of the relevant field. The more experience an expert in medicine or science has the more convincing the expert will be.
Asbestos cases often require an expert in science or medicine to examine the medical records of the claimant and conduct a physical exam. These experts can testify whether asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.
It is possible to seek out other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can asbestos exposure litigation use advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
These experts can be valuable in defending companies who produce or distribute asbestos-related goods. They are usually capable of proving that plaintiffs' exposure levels were not in the range of legal limits, and that there was not evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.
Other experts who could be involved in these instances are occupational and environmental experts. They can provide insights into the safety procedures that exist at a particular workplace or business, and how they connect to the liability of asbestos producers. These experts can, for example, establish that renovation materials damaged during the course of a remodel could contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to be released.