Why Nobody Cares About Asbestos Litigation Defense

Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's work history and medical records, as well as testimony. We often employ the bare-metal defense, which focuses on arguing that your company did not make or sell the asbestos-containing products in question in a claimant's case.

Asbestos cases are special and require a determined strategy to achieve success. We act as local counsel, regional and national.

Statute of limitations

The majority of lawsuits have to be filed within a specific timeframe, referred to as the statute of limitations. In asbestos cases the deadline for filing a lawsuit is anywhere between one and six years after a victim is diagnosed with an asbestos-related disease. It is crucial for the defense to prove that the injury occurred within the timeframe. Often, this requires conducting a thorough review of the plaintiff's past work background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other documents.

The process of defending asbestos cases involves many complicated issues. For instance, asbestos victims are more likely to develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness such as mesothelioma. In these instances an attorney for defense will argue that the limitation period should begin when the victim knew or reasonably should have known that their exposure to asbestos caused the disease.

The complex nature of these cases is made more difficult by the fact that the statute of limitations may vary between states. In these instances an experienced mesothelioma lawyer will attempt to bring the case in the state where the bulk of the exposure alleged occurred. This can be a daunting job, since asbestos victims often move around the country in search of work, and the exposure could have occurred in a variety of states.

The process of discovery can be a challenge in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of just a few defendants as in most cases, there are often dozens of people involved. This means it can be hard to get relevant evidence in these cases, particularly when the plaintiff's claim of injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to develop a strategy for litigation as well as manage local counsel and achieve consistent, cost-effective results in accordance with client objectives. We regularly appear before coordination and trial judges and special masters of litigation across the nation.

Bare Metal Defense

The past has seen manufacturers of turbine, boiler and pump equipment have defended themselves in asbestos litigation by claiming an argument referred to as the "bare metal" or the component part doctrine. This defense states that a manufacturer cannot be held liable for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries, an employee of a Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets for equipment like pumps, valves and steam traps (Equipment Defendants). He claimed that he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation and may impact how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. 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 decision was the first time that a federal appeals court has applied the bare-metal defense in an asbestos lawsuit, and is a significant departure from traditional product liability law. The majority of courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to warn about the potential harms caused by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our client develop litigation strategies, manage local and regional counsel and achieve a consistent, cost-effective defence in coordination with their objectives. Our lawyers also speak at industry conferences on important issues that influence asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven to be successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They offer independent assistance to a court by offering an impartial opinion on matters within their expertise. He must clearly state the facts or assumptions upon which his opinion is based and should not be oblivious to look into matters that might affect his opinions.

In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's condition and the identification of any connection between their condition and a known source of exposure. A lot of the diseases associated with asbestos are very complex, requiring the expertise of specialists in the field. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.

Experts are there to provide an impartial technical support, whether they are representing the prosecution or the defence. He should not assume the role of an advocate or seek to influence or convince a jury to support his client. He should not try to convince the jury or make an argument.

The expert should work with other experts to address any peripheral issues and narrow down any technical issues. The expert should also collaborate with those who instruct him to determine areas of agreement and discord for the joint declaration of expert ordered by the court.

After his examination in chief the expert should be able to present his conclusions and the reasons for them in a clear and easy-to-understand way. He should be able to answer any questions from the judge or prosecution and be willing to answer all questions that were raised during cross-examination.

Cetrulo LLP is well versed in the defense of clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our attorneys can assist and advise regional and national defense counsel as well as local regional, expert witnesses and experts. Our team is regularly in front of the asbestos litigation judges who coordinate across the country as well as trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and the beginning symptoms. Asbestos cases frequently involve complex theories of injury that can span decades and link dozens or even hundreds of defendants. Because of this, it is almost impossible for a plaintiff to prove their case without the help of experts.

Davenport asbestos lawsuit  in the fields of medicine and other sciences are needed to evaluate the extent of an individual's exposure and their medical condition, and also to provide information on future health concerns. Experts like these are essential to any case and must be thoroughly vetted and knowledgeable about the field of study. The more experience the medical or scientific expert has the more persuasive they'll be.

Asbestos cases typically require a medical or scientific expert to review the medical records of the claimant and conduct a physical exam. Experts can testify as to whether exposure to asbestos was sufficient to cause a particular medical condition like mesothelioma, lung cancer, or any other form of scarring in the respiratory tract and lungs (e.g. plaques in the pleural cavity).

Other experts, such as industrial hygienists could also be needed to assist in establishing asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to assess the levels of asbestos in the air in the workplace or at home and compare these levels to legal exposure standards.

These experts can also prove valuable in defending companies that produced or distributed asbestos-related products as they are often capable of demonstrating that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or manufacturer liability.

Other experts involved in these cases include occupational and environmental specialists who can provide insights into the quality of safety protocols at a specific workplace or company, and how they are related to asbestos manufacturers' liability. These experts can determine, for instance, that the materials used in the course of a remodel could contain asbestos or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to escape.