Asbestos Litigation Defense
In order to defend companies against asbestos litigation and claims, it is essential to review the plaintiff's medical records, work history and testimony. We typically employ a naked metal defense, which focuses on proving that your company didn't make, sell, or distribute the products containing asbestos in the plaintiff's lawsuit.
Asbestos cases are distinct and require an aggressive 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 anywhere between one and six years after the victim is diagnosed with an asbestos-related illness. It is important for the defense to show that the injury was sustained after the deadline. Often, this means an exhaustive review of the plaintiff's work background, including interviews with former coworkers and the careful examination of Social Security, union, tax and other records.
Defending an asbestos case involves many complicated issues. Asbestos sufferers may suffer from a less severe illness, such as asbestosis, before they are diagnosed with a fatal condition such as mesothelioma. In these cases, a defense attorney will argue that the limitation period should begin when the person who suffers from asbestos knew or reasonably ought to have realized that their asbestos exposure caused the disease.
These cases are complicated due to the fact that the statute of limitations may vary from state to state. In these instances, a seasoned mesothelioma lawyer may try to file the case in the state in which the majority of the exposure alleged to have taken place. This can be a challenging task since asbestos sufferers often moved across the country to obtain jobs, and the claimed exposure could have occurred in multiple states.
In addition, the process of discovery is a challenge in asbestos litigation. In contrast to other types of personal injury cases, which typically contain only a few defendants, asbestos-related litigation typically includes dozens or more parties. It can be difficult to get relevant discovery when there are many defendants and the plaintiff's claim extends over a long period of time.
The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with local and regional counsel to develop litigation strategy and manage local counsel to obtain consistent, cost-effective outcomes in accordance with client objectives. We regularly appear before coordination and trial judges, as well as special masters of litigation, across the nation.
Bare Metal Defense
In the past, producers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits using what is known as "bare metal" doctrine or component part doctrine. This defense states that a manufacturer cannot be held responsible for asbestos-related harms caused by replacement components that the company did not make or install.
In the case of Devries v. Devries, the Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment, such as pumps, valves and steam traps. He claimed he was exposed asbestos during his work in the plant and was diagnosed with mesothelioma a few years afterward.
The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and could affect how courts in other jurisdictions address the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said 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 will apply this doctrine to cases that are not maritime also.
This decision was the first time that a federal appeals court 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 a way of avoiding the responsibility of a manufacturer to warn consumers about the harm 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 help our clients develop litigation strategies, manage local and regional counsel, and ensure a consistent, cost-effective defense in coordination with their goals. Our attorneys speak at industry conferences on important issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and working closely with the coordinating judges and trial courts, as well as special masters. Our unique approach has proven to be successful in reducing exposure and legal spend for our clients.
Expert Witnesses
An expert witness is a person who has specialized expertise, knowledge or experience and offers independent assistance to the court by way of an impartial opinion on issues that fall within his area of expertise. He should be able to clearly express his opinion and the evidence or assumptions he is basing it on. He should not overlook any aspects that could affect his conclusions.
In the event that asbestos exposure is suspected medical experts could be required to help evaluate the claimant's condition and to determine any causal link between the condition and the alleged source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of experts in the field. This can include doctors and nurses as well as toxicologists, pharmacists occupational health specialists, epidemiologists and pharmacists.
Experts are available to provide impartial technical assistance, whether they are representing the prosecution or the defence. He is not expected to assume the role of advocate or seek to influence or persuade the jury to favor his client. The obligation to the court overrides the obligations he has to his client, and he should not attempt to promote an argument or locate evidence to justify it.
The expert should cooperate with other experts in attempting to narrow any technical issues at an early stage and eliminate any other peripheral issues. The expert should also collaborate with those who are instructing him to determine areas of agreement and disagreement in the joint statement of the expert as ordered by the court.
After his main examination, the expert should present his conclusions and the reasons for them in a clear and comprehensible manner. He must be able to answer questions from the prosecution or the judge and should be willing to discuss any issues that are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our attorneys can handle and advise regional and national defense counsel as well as 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 country.
Medical Experts
Expert witnesses are vital in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and initial symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and involve dozens or hundreds of defendants. Because of this, it is almost impossible for a plaintiff to prove their case without the help of experts.
Manchester asbestos lawsuit in the field of medicine and other science are required to assess the extent of a person's exposure and their medical condition, and also to provide insight into future health concerns. These experts are crucial to any case and must be thoroughly examined and knowledgeable in the field they are working in. The more experience an expert in medical or scientific fields has the more persuasive they'll be.
In many asbestos cases a medical expert or scientist is required to look over the claimant's records and perform a physical exam. These experts can testify as to whether exposure to asbestos was sufficient to cause an illness that is specific to him, like mesothelioma or lung cancer, or other forms of scarring in the lungs and respiratory tract (e.g. the pleural plaques).
Other experts like industrial hygienists could also be needed to assist in establishing the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to determine the amount of asbestos in the air in a workplace or home and compare these levels to legal exposure standards.
These experts can be extremely useful when defending companies that manufactured or distributed asbestos-related goods as they are often capable of demonstrating that the levels of exposure of plaintiffs were within the legal limit 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 experts who can offer insights into the quality of safety protocols at a specific work site or company and how they are related to the liability of asbestos manufacturers. These experts can determine, for instance, that renovation materials damaged during the course of a remodel could contain asbestos, or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to release.