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Asbestos Litigation Defense

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 testimony. We typically use a bare metal defense that focuses on arguing your company didn't manufacture, sell, or distribute the products containing asbestos at issue in the claimant's lawsuit.

Asbestos cases require an exclusive approach and a determined approach to achieve successful results. We are local, regional, and national counsel.

Statute of limitations

The majority of lawsuits have to be filed within a specific timeframe, referred to as the statute of limitations. In asbestos cases the deadline to file an action is between one and six years after a victim is diagnosed with an asbestos-related condition. It is important for the defense to prove that the injury occurred within the timeframe. This usually requires a thorough study and analysis of the plaintiff's work history, including interviews of former coworkers, and a careful review of Social Security and union records as well as tax, tax, and other records.

Defending an asbestos case involves many complicated issues. asbestos litigation wiki-related victims can develop a less severe illness, such as asbestosis, prior to being diagnosed with a fatal illness like mesothelioma. In these cases, the defense attorney will argue the statute of limitation should begin when the victim realized or should have reasonably believed that exposure to asbestos class action litigation causes their illness.

These cases are made more complex because the statute of limitations can differ from state to state. In these instances an experienced mesothelioma lawyer will try to start the case in the state where most of the exposure alleged occurred. This can be a challenging job, since asbestos victims often move around the country looking for work and the alleged exposure could have occurred in a variety of states.

The process of establishing the facts can be a challenge in asbestos litigation. Unlike other personal injury cases, which often have only a handful of defendants, asbestos-related litigation usually involves a number of defendants. It is often difficult to obtain relevant information when there are multiple defendants and the plaintiff's theory is spanning decades.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with regional and local counsel to formulate a strategy for litigation as well as manage local counsel and get consistent, cost-effective results in accordance with the goals of the client. We regularly appear in front of coordinating and trial judge, as also litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines, valves and pumps have defended themselves from asbestos lawsuits using the "bare metal" doctrine or the component part doctrine. This defense argues that a company cannot be held responsible for asbestos-related harms caused by replacement components that the company did not make 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 plaintiff's duties included the removal and replacement insulation, steam traps and gaskets from equipment, such as pumps, valves and steam traps. He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years afterward.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation and could affect how courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court stated that this application of the bare metal defense is "cabined" in maritime law, but left open the possibility that other federal circuits to apply this doctrine to cases that aren't maritime.

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 an important departure from the traditional product liability law. Most courts have interpreted the "bare metal" defense as rejecting the obligation of a manufacturer to warn about 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 impact the entire industry. We assist our clients in developing strategies for litigation, oversee regional and local counsel, Asbestos Litigation Group and achieve a consistent, cost-effective defence in line with their goals. Our attorneys also speak at conferences for industry professionals on the 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 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 specific skills, experience or knowledge and offers independent assistance to the court with the aid of an objective opinion regarding matters within his field of expertise. He should clearly state his opinions and the facts or assumptions he's basing it on. He should also not ignore any factors that could influence his conclusions.

In cases involving allegations of exposure to asbestos, medical professionals are often called upon to assist in the assessment of the claimant's illness and the determination of any connection between their condition and a known source of exposure. A lot of the diseases associated with asbestos law and litigation are very complex, and require the expertise of experts in the field. This could include nurses and doctors as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.

Experts are available to provide unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. Experts should not be an advocate or try to influence the jury in favor of his client. The obligation to the court overrides the obligations he has to his client and he should not attempt to support a particular argument or find evidence to support it.

The expert should cooperate with the other experts in trying to resolve any technical issues at a very early stage and eliminate any irrelevant issues. The expert should also collaborate with those who are instructing him to pinpoint areas of agreement and discord for the joint declaration of the expert as ordered by the court.

The expert should at the conclusion of his examination chief, discuss his conclusions as well as the reasons behind them in a manner that is clear and easy to comprehend. He should be prepared to answer questions posed by the judge or the prosecution, and be willing to address all points that 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 assist and manage national and regional defense counsel as well as regional and local experts and witnesses. Our team regularly appears before the asbestos litigation judges who coordinate across the nation, as well as trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases that involve asbestos-related injuries because of the latency between exposure to asbestos and beginning symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and involve hundreds or even dozens of defendants. Because of this, it's nearly impossible for a plaintiff to prove their case without the help of experts.

Experts in the field of medicine and other science are required to assess the degree of exposure an individual has and medical condition as well as give insight into the future health concerns. These experts are vital to any case and must be thoroughly examined and knowledgeable about the subject. The more experience an expert in medical or scientific fields has, the more persuasive they'll be.

asbestos litigation group (this link) cases often require a medical or scientific expert to analyze the medical records of the plaintiff and conduct a physical exam. These experts can testify as to whether the claimant's exposure to asbestos was enough to trigger a particular medical condition like mesothelioma or lung cancer, or other forms of scarring in the respiratory tract and lungs (e.g. the pleural plaques).

Other experts like industrial hygienists could be required to aid in determining the existence of asbestos-related exposure levels. They can use advanced analytical and sampling techniques to evaluate the asbestos concentrations in the air at the workplace or at home to the legal exposure standards.

These experts can be extremely useful when defending companies that manufactured or distributed asbestos-related products as they are often capable of demonstrating that the exposure levels of plaintiffs were within the legal limit and that there was no evidence of negligence by the employer or Asbestos Litigation Group the manufacturer's responsibility.

Other experts who may be involved in these cases are environmental and occupational specialists. They can provide insights into the safety protocols which are in place at a particular workplace or business and how they relate to the liability of asbestos manufacturers. They can, for example, establish that the materials used in the course of remodeling could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to release.