Asbestos Litigation Defense
Defending companies from asbestos litigation requires a thorough analysis of a plaintiff's work history, medical records and testimony. We often use a bare metal defense that focuses on arguing your company didn't manufacture, sell, or distribute asbestos-containing products that are the subject of the claimant's lawsuit.
Asbestos cases require a distinctive method and a persistent 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. In asbestos cases the deadline for filing an action is between one and 6 years after a person is diagnosed with an asbestos-related illness. For the defense it is crucial to prove that the claimed injury or death did occur within this deadline. This usually requires a thorough study and analysis of the plaintiff's work history, including interviews of former coworkers, and a thorough study of Social Security and union records as well as tax and tax records.
Defending an asbestos case involves many complicated issues. Asbestos sufferers may develop a less severe disease, such as asbestosis, prior to being diagnosed with a fatal illness like mesothelioma. In these instances, the defense attorney will argue the limitation period should start when the victim was aware or should have reasonably believed that exposure to asbestos causes their illness.
These cases are made more complex due to the fact that the statute of limitations can vary from state to state. In these cases, a seasoned mesothelioma lawyer will attempt to bring the case to the state where the bulk of the alleged exposure took place. This can be a daunting job, since asbestos victims often move around the country in search of work and the alleged exposure could have occurred in multiple states.
Finally, the discovery process is difficult in asbestos litigation. Roanoke asbestos lawsuits to other personal injury cases, which usually have only a handful of defendants, asbestos-related litigation usually involves dozens or more defendants. It can be difficult to get relevant information when there are multiple defendants and the plaintiff's claim extends over a long period of time.
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 devise strategies for litigation and manage local counsel and produce consistently cost-effective results while coordinating with client goals. We regularly appear before coordination and trial judges as well as special masters of litigation across the country.
Bare Metal Defense
The past has seen manufacturers of boilers, turbines and pump and valve equipment have defended themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or the component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injuries caused by replacement parts that they did not install or manufacture.
In the case of Devries, an employee at an Tennessee Eastman chemical plant sued several equipment manufacturers to treat 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 was exposed to asbestos during his time at the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has altered the landscape of asbestos litigation and may influence how courts in other jurisdictions approach the issue of third-party parts that manufacturers incorporate into their equipment. The Court stated that this application of the bare-metal defense is "cabined" in maritime law but left open the possibility for 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 an asbestos case, and it's a significant departure from the traditional product liability laws. The majority of courts have interpreted "bare metal" as a rejection of the obligation of a manufacturer to inform about harms caused by replacement parts it did't manufacture or sale.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop litigation strategies, manage regional and local counsel and ensure a an efficient, cost-effective defense that is in line with their goals. Our lawyers present at industry conferences on major issues that affect asbestos litigation. Our firm's experience includes representing clients across the nation and working closely with coordinating judges and trial courts, as well as special masters. Our unique method has proven to be effective in reducing legal spend for our clients.
Expert Witnesses
A person who has specialized expertise, skills or experience is an expert witness. They provide impartial assistance to courts by providing an objective opinion on issues within their field of expertise. He should clearly state his opinion and the evidence or assumptions he's basing it on. He should not ignore any factors that could affect his conclusions.
In cases where asbestos exposure is suspected medical experts may be required to assess the claimant's condition and to determine any causal link between the condition and the source of exposure. A lot of the diseases associated with asbestos are very complex, requiring the expertise of specialists in the field. This includes nurses and doctors, pharmacists, toxicologists or occupational health specialists, epidemiologists, and pharmacists.
Experts are there to offer unbiased technical assistance, regardless of whether they represent the prosecution or the defence. He should not serve as an advocate or try to influence the jury in favor of his client. The obligation 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 cooperate with the other experts in attempting to reduce any technical issues at an early stage and eliminate any peripheral matters. The expert should also work with the people who instruct him to determine areas of agreement and disagreement for the joint statement of expert ordered by the court.
The expert must finish his examination chief, explain his conclusions and the reasons for them in a way that is clear and understandable. He should be prepared to answer questions from either the judge or the prosecution, and be prepared to discuss all issues that are 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 manage and counsel national and regional defense counsel, as along with local regional, expert witnesses and experts. Our team is regularly in front of the coordinating judges, trial judges, and special masters of asbestos litigation across the nation.
Medical Experts
Due to the latency issues that occur between asbestos exposure and beginning of symptoms experts play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that span decades and connect hundreds or dozens of defendants. It is nearly impossible for an individual to prove their case without the assistance of experts.
Experts in the field of medicine and other science are required to assess the degree of exposure an individual has and their medical condition, as well as give insight into the future health issues. These experts are vital to any case and should be thoroughly vetted and knowledgeable about the subject. The more experience an scientist or doctor has, the more persuasive they is.
Asbestos cases often require a medical or scientific expert to examine the medical records of the claimant and conduct a physical exam. Experts can verify whether asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.
Other experts, such as industrial hygienists could also be needed to assist in establishing the existence of asbestos-related exposure levels. They can employ advanced analytical and sampling methods to determine the amount of asbestos in the air in a home or workplace with the standards for exposure that are legally required.
Experts of this kind can also prove valuable 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 below legal limits and that there was no evidence of negligence by the employer or the manufacturer's responsibility.
Other experts involved in these cases include environmental and occupational specialists who can offer insights into the adequacy of safety procedures at a particular work site or company and how such protocols are related to the liability of asbestos manufacturers. For instance, they can establish that the materials that are disturbed during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and become inhaled.