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Asbestos Litigation Defense

Protecting companies from asbestos attorney litigation requires a thorough review of a plaintiff's work history as well as medical records and evidence. We often use a bare metal defense that focuses on arguing your company didn't manufacture or sell the products containing asbestos at issue in the claimant'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 statute of limitations is a time limit within which lawsuits are required to be filed. For asbestos cases, this means that the legal deadline for filing is between one and six years after a person is diagnosed with an asbestos attorney-related illness. It is important for the defense to show that the injury occurred within the timeframe. In most cases, this involves an exhaustive review of the plaintiff's past work history, which includes interviews with former coworkers and the careful examination of Social Security, union, tax and other documents.

Defending an asbestos case involves a number of complex issues. Asbestos-related victims can suffer from a less severe illness, such as asbestosis, before being diagnosed with a fatal illness like mesothelioma. In these instances the defense attorney will argue the statute of limitation should begin when the victim was aware or should have reasonably known that exposure to asbestos causes the disease.

These cases are complicated due to the fact that the statute of limitations could vary from state to state. In these cases an experienced mesothelioma lawyer will try to bring the case in the state where most of the alleged exposure occurred. This can be a challenging job, since asbestos victims typically travel around the country to find work and the alleged exposure could have occurred in several states.

Finally, the discovery process is a challenge in asbestos litigation. In contrast to other types of personal injury cases, which typically involve only a few defendants, asbestos-related litigation usually includes dozens or more defendants. As a result, it is often difficult to find a relevant evidence in these cases, particularly when the plaintiff's argument for injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with regional and local counsel to develop strategies for litigation, manage local counsel, and ensure consistently cost-effective results in coordination with the client's goals. We frequently 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 valves and pumps have protected themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a company cannot be held liable for asbestos-related harms caused by replacement components that the company didn't design or install.

In the case of Devries v. Tennessee Eastman Chemical, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed asbestos was ingested while working at the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation. It could affect how courts in other jurisdictions deal with the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court stated that this application of the bare-metal defense was "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 a federal appeals court used the defense of bare metal in a asbestos lawsuit and represents a significant departure from traditional product liability law. The majority of courts have understood "bare metal" as a rejection of the responsibility of a manufacturer to inform about harms caused by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits (https://posteezy.com/) that impact the entire industry. We assist our clients in developing strategies for litigation, oversee regional and local counsel, and provide an effective, cost-effective and consistent defense in line with their goals. Our attorneys participate in industry conferences on major issues that affect asbestos litigation. Our firm's experience includes defending clients in every state and collaborating with the coordinating judges and trial courts as well as litigation special masters. Our unique method has proven to be successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is one who is specialized in his skills, experience or knowledge and offers independent assistance to the court with the aid of an objective opinion regarding matters of his area of expertise. He must clearly state the facts or assumptions on which his opinions are based and should not omit to consider matters which might affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's illness and to determine if there is a connection between their condition and a known source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of specialists. This could include nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists and pharmacists.

In the event of a defense or prosecution the expert's job is to provide objective technical assistance. He should not serve as an advocate or try to influence the jury to favor his client. The obligation to the court is greater than his obligations to his client and he should not attempt to promote an argument or seek evidence to justify it.

The expert should work with other experts to resolve any issues that are peripheral and identify any technical issues. The expert should also work with those who instruct him to pinpoint areas of agreement and disagreement in the joint statement of expert ordered by the court.

The expert should finish his examination chief, explain his conclusions and the reasons behind them in a way that is clear and easy to comprehend. He should be prepared to answer any questions from the judge or prosecution and be able to address all points 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 advise and manage regional and national defense counsel as well as local and regional experts and witnesses. Our team appears regularly before judges who are coordinating asbestos litigation across the nation as well as trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases involving asbestos-related injuries due to the delay between exposure to asbestos and the beginning symptoms. Asbestos cases usually involve complicated theories of injuries that stretch for decades and involve hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove 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 to any case and must be thoroughly vetted and knowledgeable about the subject matter. The more experience a medical or scientific expert has the more persuasive they'll be.

Asbestos cases usually require an expert in science or medicine to examine the medical records of the claimant and conduct a physical examination. Experts can determine if asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

Other experts such as industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can use advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in a workplace or home and compare them to the legal exposure standards.

Experts of this kind can also prove valuable in defending companies that produced or distributed asbestos-related products, as they are often capable of proving that the levels of exposure of plaintiffs were within the legal limit and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts in these instances include occupational and environmental specialists who can offer insights on the safety procedures at a particular workplace or business and how such protocols are related to the liability of asbestos manufacturers. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos, or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and then be inhaled.