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Asbestos Litigation Defense

In order to defend companies against asbestos-related lawsuits in the future, it is essential to look into the medical records of the plaintiff as well as their work history and witness. We typically employ a naked metal defense that focuses on arguing your company didn't manufacture, sell, or distribute asbestos-containing products in the plaintiff's lawsuit.

Asbestos cases require a distinctive approach and a determined strategy to achieve success. We serve as local, regional and national counsel.

Statute of Limitations

The majority of lawsuits have to be filed within a certain time period, known as the statute of limitations. In asbestos exposure litigation; writes in the official Asbestoslitigationcases 03262 Blogprodesign blog, 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 injury was sustained within the timeframe. This often requires a thorough examination and examination of the plaintiff's employment history, which includes interviews with former coworkers and an in-depth study of Social Security and union records, as well as tax, tax, and other records.

In defending an asbestos-related case, there are several complex issues. Asbestos-related victims can develop a less severe disease, such as asbestosis, prior to being diagnosed with a fatal condition such as mesothelioma. In these instances an attorney for asbestos law & Litigation defense will argue that the statute of limitations should start when the victim knew or reasonably should have known that their exposure to asbestos caused the disease.

These cases are made more complex due to the fact that the statute of limitations can differ from state to state. In these cases an experienced mesothelioma lawyer will attempt to file the case in the state where the bulk of the alleged exposure occurred. This could be a challenging task since asbestos sufferers frequently moved around the country in search of jobs, and the claimed exposure may have taken place in multiple states.

Finally, the discovery process is a challenge in asbestos litigation meaning litigation. Asbestos litigation is more complex than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are usually dozens of people involved. This means it is often difficult to get meaningful discovery in these cases, especially when the plaintiff's argument for injuries spans decades and binds many defendants.

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 local and regional counsel to develop litigation strategies, manage local counsel, and achieve consistently cost-effective results while coordinating with the goals of our clients. We regularly appear in front of the trial judge and the coordinating judge as and litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines pumps and valves have defended themselves from asbestos lawsuits by asserting the "bare metal" doctrine or the component part doctrine. This defense holds that a manufacturer can't be held accountable for asbestos-related injuries caused by replacement components that the company did not design or install.

In the case of Devries, an employee of a Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets for equipment like pumps, valves and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma several years afterward.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and could affect 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 case is "cabined" to maritime law, but left open the possibility that other federal circuits could apply this doctrine to cases that are not maritime as well.

This decision was the first time that 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. Most courts have interpreted "bare metal" as a rejection of the responsibility of a maker to warn about the dangers posed by replacement parts it did't manufacture or sell.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop litigation strategies, manage local and regional counsel, and ensure a an efficient, cost-effective defense that is in line with their goals. Our lawyers also speak at conferences for industry professionals on the important issues that influence asbestos litigation paralegal litigation. Our firm's experience includes representing clients in every state and collaborating closely with coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven effective in decreasing our clients' risk and legal costs.

Expert Witnesses

A person with specialized knowledge, skills or experience can be an expert witness. They provide independent assistance to courts by providing an unbiased opinion on matters within their expertise. He must clearly state his views and the facts or assumptions he's basing it on. He should also not overlook any aspect that could influence his conclusions.

In the event that asbestos exposure is suspected medical experts may be required to help evaluate the claimant's condition and to determine any causal links between the condition and the identified source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of experts. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.

Experts are there to provide unbiased technical assistance, regardless of whether they are representing the prosecution or the defense. He is not expected to assume the role of an advocate and should not try to influence or convince a jury in favour of his client. He should not attempt to convince the jury or advocate for an argument.

The expert should cooperate with other experts in attempting to resolve any technical issues at an early stage and eliminate any irrelevant matters. The expert should also collaborate with the people who instruct him to pinpoint areas of agreement and disagreement in the joint statement of the expert commissioned by the court.

The expert must finish his examination, present his conclusions and the reasons behind them in a way that is easy to understand and clear. He should be ready to answer any questions from the prosecution or judge, and be willing to address all points raised during cross-examination.

Cetrulo LLP is well versed in defending clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can manage and counsel regional and national defense counsel as specializes in asbestos litigation addition to local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos litigation across the nation and also before trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and the onset of symptoms, expert witnesses are a crucial part in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that stretch for decades and connect hundreds or even dozens of defendants. It is nearly impossible for an individual to prove their case without the help of experts.

Medical and other experts in the field are essential to determine the extent of an individual's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are crucial to any case and must be well-vetted and familiar with the field of study. The more experience a medical or scientific expert has, the more persuasive they will be.

Asbestos cases typically require an expert in science or medicine to examine the medical records of the claimant and conduct a physical examination. Experts can testify to whether the claimant's exposure to asbestos was enough to cause a particular medical condition such as mesothelioma, lung cancer, or other forms of scarring in the respiratory tract and lungs (e.g., pleural plaques).

It may be necessary to consult other experts, such as industrial hygienists to establish the existence of asbestos exposure levels. They can employ sophisticated analytical and asbestos Litigation paralegal sampling techniques to evaluate the asbestos concentrations in the air in a home or workplace with the standards for exposure that are legally required.

They can be beneficial in defending companies that produce or distribute asbestos-related products. They are often capable of proving that the levels of exposure for plaintiffs were not in the range of legal limits and Asbestos Exposure Litigation that there was no evidence of negligence on the part of the employer or product manufacturer responsibility.

Other experts who may be involved in these cases are environmental and occupational specialists. They can provide insight into the safety guidelines that exist at a particular workplace or company, and how they are related 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 release and become inhaled.