Asbestos Litigation Defense Protecting companies from asbestos litigation requires a thorough review of a plaintiff's work history as well as medical records and evidence. We typically use a bare metal defense, which focuses on proving that your company didn't manufacture, sell, or distribute asbestos-containing products that are the subject of the claimant's lawsuit. Asbestos cases are distinct and require a tenacious approach to achieve successful results. We are local, regional and national counsel. Statute of limitations The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases the deadline for filing an action is between one and six years after a victim is diagnosed with an asbestos-related disease. In order to defend the case, it is important to prove that the claimed injury or death did not occur prior to this deadline. Often, this means reviewing the entirety of the plaintiff's employment background, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other records. Defending asbestos cases involves many complicated issues. For instance, asbestos-related victims typically develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these cases the defense attorney will argue that the statute of limitation should begin when the victim realized or should have reasonably known that exposure to asbestos caused their disease. The difficulty of these cases is also made more difficult by the fact that the time limit for filing a lawsuit may vary between states. In these instances an experienced mesothelioma lawyer will attempt to start the case in the state where the majority of the exposure alleged occurred. This can be a challenging job, since asbestos victims typically travel around the country in search of work and the alleged exposure could have occurred in a variety of states. The process of establishing the facts can be difficult in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are typically dozens of parties involved. It can be difficult to get an accurate discovery in these cases, especially when the plaintiff's argument for injuries spans decades and binds multiple defendants. The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with local and regional counsel to formulate a strategy for litigation, manage local counsel and obtain consistent, cost-effective outcomes, in coordination with the goals of the client. We frequently appear before coordinating and trial judge, as well as litigation masters, across the nation. Bare Metal Defense The past has seen manufacturers of boiler, turbine and pump equipment have sought to defend themselves in asbestos litigation by asserting the defense referred to as the bare metal or the component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injury caused by replacement parts that they did not manufacture or install. In the case Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment defendants). He claimed that he was exposed to asbestos when working in the plant and was diagnosed with Mesothelioma many years later. when asbestos litigation filed in Devries has changed the course of asbestos litigation, and could impact the way courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court declared that the application of the bare-metal defense was cabined in maritime law, but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime. This was the first time that a federal appellate court applied thebare-metal defense in a case involving asbestos, and it's a major departure from the traditional law regarding product liability. Most courts have interpreted the bare metal defense as rejecting the obligation of a manufacturer to warn about harm caused by replacement parts they did not make or sell. The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients to develop strategies for litigation, manage local and regional counsel, and achieve an effective, cost-effective and consistent defense in accordance with their goals. Our attorneys also speak at industry conferences on key issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating closely with the coordinating judges, trial courts and litigation special masters. Our unique strategy has proven successful in decreasing our clients' risk and legal costs. Expert Witnesses An expert witness is one who has specialized expertise, knowledge or experience and offers independent assistance to the court in the form of an objective opinion regarding issues that fall within his expertise. He must clearly state the facts or assumptions on which his opinions are based and should not omit to consider matters which could affect his conclusions. In the event that asbestos exposure is alleged medical experts could be required to help evaluate the claimant's condition and identify any causal connections between the condition and the source of exposure. Many of the ailments that are caused by asbestos are complex, requiring the expertise of specialists in the field. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health specialists. Experts are available to provide unbiased technical assistance, regardless of whether they represent the defense or the prosecution. He should not serve as an advocate or attempt to influence the jury to favor his client. The obligation to the court supersedes his duties to his client and he should not try to push an argument or locate evidence to support it. The expert should co-operate with the other experts in attempting to narrow any technical issues at a very early stage and eliminate any irrelevant issues. The expert should also work with those who instruct him to identify areas of agreement and discord for the joint statement of the expert as ordered by the court. After completing his chief examination the expert should be able to explain his conclusions and the reasons behind them in a clear and easy-to-understand manner. He must be able to answer questions from the prosecution or the judge and should be prepared to address any issues 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 can counsel and manage national and regional defense counsel and regional and local experts as well as witnesses. Our team regularly appears before the coordinating judges, trial judges, and special masters in asbestos litigation across the country. Medical Experts Due to the latency issues that occur between asbestos exposure and the beginning of symptoms Expert witnesses are a crucial part in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that can span decades and involve dozens or hundreds of defendants. Due to this, it is almost impossible for a plaintiff to establish their case without the help of experts. Experts in medicine and other sciences are required to assess the extent of a person's exposure and medical condition, as well as provide insight into future health concerns. These experts are crucial in any case and should be thoroughly checked and knowledgeable of the field of study. The more experience an scientist or doctor has, the more persuasive they will be. Asbestos cases usually require an expert from a medical or scientific field to review the medical records of the plaintiff and conduct a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer. Other experts such as industrial hygienists might be required to aid in establishing the existence of asbestos-related exposure levels. They can employ advanced analytical and sampling methods to compare airborne asbestos levels at the workplace or at home to legal exposure standards. These experts can be very beneficial in defending companies that produce or distribute asbestos-related goods. They are often capable of proving that the levels of exposure for plaintiffs were not in the range of legal limits and that there was not evidence of employer negligence or the responsibility of the manufacturer of the product. Other experts involved in these cases include environmental and occupational specialists who can provide insights on the safety protocols at a specific workplace or business and how these protocols relate to the liability of asbestos manufacturers. These experts can be able to, for instance, prove that renovation materials disturbed in the course of remodeling could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to escape.
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