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Asbestos Litigation Defense

To defend companies against asbestos litigation, it is necessary to examine the medical records of the plaintiff, work history and testimony. We often use the bare metal defense which is focused on proving that your company was not able to manufacture or sell the asbestos-containing products in question in the case of a claimant.

Asbestos cases require an exclusive method and a persistent 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 most lawsuits must be filed. For asbestos-related cases, this means that the legal deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related illness. For the defense it is crucial to prove that the alleged injury or death did not occur prior to this timeframe. This often requires a thorough study and analysis of the plaintiff's work history, including interviews of former coworkers and a thorough review of Social Security and union records as well as tax and tax records.

In defending an asbestos-related case, there are several complex issues. Asbestos sufferers may develop a mild illness, such asbestosis, before being diagnosed with a fatal illness such as mesothelioma. In these cases, the defense attorney will argue the limitation period should start when the victim knew or ought to have known that exposure to asbestos caused their illness.

The difficulty of these cases is complicated by the fact that the statute of limitations may differ between states. In these instances, a seasoned lawyer for mesothelioma will try to bring the case to the state where the bulk of the exposure alleged to have taken place. This could be a challenging task because asbestos victims often moved across the country in search of work, and the alleged exposure could have occurred in several states.

The discovery process is challenging in asbestos litigation. In contrast to other types of personal injury cases, which often involve only a few defendants, asbestos-related litigation usually includes dozens or more parties. As a result, it can be difficult to get relevant evidence in these cases, especially when the plaintiff's argument for injuries spans decades and connects many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel specializes in asbestos litigation multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to develop strategies for litigation, manage local counsel, and achieve consistent and cost-effective results that align with the client's goals. We regularly appear before coordinating and trial judges and litigation special masters, across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines and pump equipment have successfully defended themselves against asbestos litigation by asserting a defense known as the "bare metal" or the component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts that they did not install or manufacture.

In the case of Devries, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment such as pumps, valves and steam traps. He claimed that asbestos was ingested during his time at the plant, and was diagnosed with mesothelioma several years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation. It may impact how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court said that the application of the bare-metal defense in this context is "cabined" to maritime law, but left open the possibility that other federal circuits could apply this doctrine to non-maritime cases as well.

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 for traditional product liability laws. Most courts have interpreted this "bare metal" defense as a way of avoiding the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts that it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our client develop strategies for litigation, oversee regional and local counsel, and provide an effective, cost-effective and consistent defense in line with their goals. Our lawyers are invited to present at industry conferences on important issues that affect 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 approach has been effective in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is a person who has specialized skills, experience or knowledge and provides independent assistance to the court with the aid of an objective opinion regarding matters within his expertise. He should clearly state the facts or assumptions on which his opinions are based and should not omit to look into matters that could affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the assessment of the claimant's condition and the identification of any causal link between their condition and a known source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of experts. This can include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

Experts are available to provide impartial technical assistance, whether they represent the prosecution or the defense. He should not serve as an advocate or try to influence the jury in favor of his client. He should not attempt to convince the jury or promote an argument.

The expert should collaborate with the other experts to address any issues that are peripheral and identify any technical issues. The expert should also collaborate with those who are instructing him to identify areas of agreement and discord for the joint statement of the expert as ordered by the court.

After his chief examination, the expert should present his conclusions and the reasoning behind them in a clear and comprehensible manner. He should be able to answer any questions from the judge or the prosecution, and be prepared to discuss all issues 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 assist and manage regional and p192-0817a.interwise.co.kr national defense counsel, as well as regional and local experts as well as witnesses. Our team is regularly in front of coordinating judges in asbestos litigation across the nation as well as trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos law & litigation exposure and appearance of symptoms experts play an extremely important role in any case involving an asbestos-related injury. 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 assistance of experts.

Medical and other scientific experts are required to determine the extent of a claimant's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are vital to any case, and they must be thoroughly examined and knowledgeable about the subject. The more experience an scientist or doctor has the more convincing he what is asbestos litigation.

In many asbestos cases, an expert in medicine or a scientist is required to review the claimant's records and perform an examination. Experts can verify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.

It is possible to seek out other experts, such as industrial hygienists, in order to establish the existence of asbestos exposure levels. They can use advanced sampling and analytical methods to determine the amount of asbestos in the air in a workplace or home and compare these levels to legal exposure standards.

These experts can be very valuable in defending companies who produce or distribute asbestos-related products. They are often able to demonstrate that plaintiffs' exposure levels were lower than the limits set by law, and that there was no evidence of employer negligence or the responsibility of the manufacturer of the product.

Other experts in these instances include occupational and environmental specialists who can provide insight on the safety procedures at a particular workplace or business and how such protocols relate to the liability of asbestos manufacturers. For instance, these experts can determine that materials used in renovation that are disturbed during a remodel are more likely to contain asbestos or that shaking out contaminated clothing can cause asbestos fibers to release and be inhaled.