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Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough review of a plaintiff's work history, medical records and testimony. We typically use a bare metal defense that focuses on the fact that your company didn't manufacture or sell the products containing asbestos in the plaintiff's lawsuit.

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

Statute of Limitations

The statute of limitations is a period within which the majority of lawsuits have to be filed. In asbestos cases, the deadline for filing a lawsuit is between one and six years after a person is diagnosed with an asbestos-related illness. It is essential for the defense to show that the injury was sustained after the deadline. This often requires a thorough study and analysis of the plaintiff's employment background, including interviews with former coworkers, and an in-depth study of Social Security and union records as well as tax, tax, and other records.

Defending an asbestos case involves several complex issues. For example, asbestos victims typically develop a less serious illness such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these cases, a defense attorney will argue that the time limit for a statute of limitations should begin when the victim was aware or reasonably ought to have realized that their asbestos exposure caused the disease.

These cases are complicated by the fact the statute of limitations may vary from state to state. In these cases an experienced mesothelioma lawyer will attempt to start the case in the state where the bulk of the alleged exposure occurred. This can be a challenging task, as asbestos victims typically travel around the country in search of jobs, and the alleged exposure could have occurred in a variety of states.

Finally, the discovery process is challenging in asbestos litigation. Unlike other personal injury cases, which often involve only a few defendants, asbestos-related litigation usually includes dozens or more parties. This means it can be difficult to get an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and involves multiple defendants.

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

Bare Metal Defense

In the past, manufacturers of boilers, turbines pumps and valves have defended themselves against asbestos lawsuits by arguing what is known as "bare metal" doctrine or the component part doctrine. This defense holds that a manufacturer cannot be held liable for asbestos-related injuries caused by replacement components that the company didn't design or install.

In the case Devries v. Tennessee Eastman Chemical, the 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 asbestos exposure occurred during his time at the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's decision in Devries has altered the face of asbestos lawyer litigation. It could affect how courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court stated that the application of the bare metal defense in this instance is "cabined" to maritime law, but left open the possibility that other federal circuits might apply this doctrine to cases that are not maritime as well.

This decision was the first time an appeals court of the federal level has applied the bare-metal defense in a asbestos lawsuit and is an important departure from the traditional product liability law. Most courts have interpreted "bare metal" as a denial of the obligation of a maker to warn about the potential harms caused by replacement parts 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, manage regional and local counsel and ensure a consistent, cost-effective defense that aligns with their goals. Our lawyers speak at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm's experience includes defending clients in every state and collaborating closely with coordinating judges and trial courts, as well as special masters. Our unique strategy has proven effective in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is one who has specialized expertise, knowledge or experience and provides independent assistance to the court in the form of an objective opinion regarding matters within his field of expertise. He should be able to clearly express his opinion and the facts or assumptions he's basing it on. He should also not overlook any aspects that might affect his conclusions.

In cases where asbestos exposure is claimed medical experts may be required to help evaluate the claimant's condition and identify any causal links between the condition and the alleged source of exposure. Many of the illnesses caused by asbestos are extremely complex, requiring the expertise of experts in the field. This can include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health professionals.

In the event of a defense or prosecution, an expert's role is to provide objective technical assistance. He should not assume the position of advocate, nor should he seek to influence or convince the jury in favour of his client. He should not try to convince the jury or make an argument.

The expert should collaborate with other experts to eliminate any issues that are peripheral and narrow down any technical issues. The expert should also work with those instructing him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts commissioned by the court.

At the conclusion of his chief examination the expert should be able to present 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 willing to address any points which are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can advise and manage regional and national defense counsel and regional and local experts as well as witnesses. Our team regularly appears before coordinating judges in asbestos litigation across the country and also before trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and appearance of symptoms experts are a crucial part in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that stretch for decades and involve hundreds or dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientists are necessary to assess the extent of an individual's exposure, assess their medical conditions, and provide insight into possible health issues that could arise in the future. Experts like these are essential to any case and must be thoroughly checked and knowledgeable of the field of study. The more experience the medical or scientific expert has the more convincing they'll be.

In a majority of asbestos cases, an expert in medicine or a scientist is required to look over the claimant's records and perform an examination. Experts can determine if asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.

It may be necessary to consult other experts, like industrial hygienists, in order to determine the presence of asbestos exposure levels. They can employ advanced analytical and sampling techniques to compare airborne asbestos levels at a workplace or home to legal exposure standards.

They can be useful in defending companies that produce or distribute asbestos-related goods. They are often in a position to prove that the levels of exposure for plaintiffs were not in the range of legal limits and that there was no evidence of negligence on the part of the employer or product manufacturer responsibility.

Other experts in these instances include environmental and occupational specialists who can provide insight on the safety procedures at a particular workplace or business and how these protocols are related to the liability of asbestos manufacturers. These experts can be able to, for instance, prove that renovation materials damaged during a remodel project may contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos attorneys dust and asbestos fibers to escape.