Asbestos Litigation Defense
In order to defend businesses against asbestos-related lawsuits in the future, it is essential to examine the medical records of the plaintiff, work history and witness. We often use a bare metal defense that focuses on arguing your company didn't manufacture or sell asbestos-containing products at issue in the claimant's lawsuit.
Asbestos cases are special and require an aggressive approach to achieving successful results. We serve as local, regional and national counsel.
Statute of limitations
The majority of lawsuits must be filed within a specific timeframe, referred to as the statute of limitations. In asbestos cases, this means the deadline for filing a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related illness. It is crucial for the defense to prove that the injury was sustained within the timeframe. This usually requires a thorough examination and analysis of the plaintiff's employment history, which includes interviews with former coworkers, as well as a careful review of Social Security and union records as well as tax and tax records.
The process of defending an asbestos case involves a number of complex issues. Asbestos sufferers may develop a less severe disease, such as asbestosis, before being diagnosed with a fatal disease like mesothelioma. In these situations, a lawyer for defense will argue that the statute of limitations should start when the victim knew or reasonably should have known that their asbestos exposure caused the disease.
These cases are made more complex by the fact the statute of limitations could differ from state to state. In these instances an experienced mesothelioma lawyer will attempt to file the case in the state where the majority of the exposure alleged occurred. This could be a challenging task as asbestos patients often moved across the country to find jobs, and the claimed exposure may have taken place in several states.
The discovery process isn't always easy in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants, as is the case in most cases, there are often many people involved. This means it can be difficult to get relevant evidence in these cases, especially when the plaintiff's claim of injuries spans decades and involves 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 collaborate closely with regional and local counsel to formulate a strategy for litigation as well as manage local counsel and 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 country.
Bare Metal Defense
The past has seen manufacturers of turbine, boiler and pump equipment have sought to defend themselves in asbestos litigation by asserting a defense known as the "bare metal" or component part doctrine. This defense argues that a manufacturer cannot be held responsible for asbestos-related harms caused by replacement components that the company didn't design or install.
In the case of Devries v. Devries, the Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment defendants). He claimed that asbestos exposure occurred when working at the plant and was diagnosed with mesothelioma several years later.
The Supreme Court's Devries decision has changed the landscape of asbestos litigation, and could influence the way courts in other jurisdictions approach the issue of third-party components manufacturers include in their equipment. The Court said that the application of the bare-metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits might apply this doctrine to cases that are not maritime, as well.
This was the first time that a federal appellate court ruled on the bare-metal defense in a case involving asbestos, and it's a significant deviation from the standard product liability laws. Most courts have interpreted this "bare metal" defense as rejecting the obligation of a company 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 for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop strategies for litigation, manage local and regional counsel, and ensure a consistent, cost-effective defense that aligns with their goals. Our lawyers present at industry conferences on major issues that affect asbestos litigation. Our firm's experience includes defending clients in every state and collaborating closely with the coordinating judges and trial courts, as well as special masters. Our unique method has proven successful in reducing legal expenses for our clients.
Expert Witnesses
An expert witness is a person who has specific expertise, knowledge or experience and provides independent assistance to the court in the form of unbiased opinion concerning matters within his expertise. He must be able to clearly articulate the facts or assumptions upon which his opinions are based and should not be oblivious to consider issues that could affect his opinions.
In cases involving allegations of exposure to asbestos, medical professionals are often called upon to assist in the assessment of the claimant's health and the determination of any connection between their condition and an identified source of exposure. how asbestos litigation take of the diseases associated with asbestos are complex and require the expertise of experts. This can include doctors and nurses, pharmacists, toxicologists or epidemiologists, occupational health specialists, and pharmacists.
If it's the defense or prosecution, an expert's role is to provide impartial technical assistance. He should not assume the role of an advocate or seek to influence or persuade the jury in favour of his client. The duty to the court supersedes his duties to his client and he should not attempt to promote an argument or locate evidence to back it.
The expert should cooperate with other experts in attempting to reduce any technical issues at an early stage and eliminate any other peripheral matters. The expert should also work with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the reason of the joint statement of experts ordered by the court.
The expert must, at the end of his examination chief, explain his conclusions as well as the reasons for the conclusions in a manner that is clear and easy to comprehend. He should be ready to answer questions posed by the judge or prosecution and be willing to discuss all issues that were raised during cross-examination.
Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys can assist and advise national and regional defense counsel, as well as local, regional and expert witnesses and experts. Our team appears regularly before coordinating judges in asbestos litigation across the nation and also before trial judges and special Masters.
Medical Experts
Due to the latency issues that arise between asbestos exposure and onset of symptoms experts play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that can span decades and connect dozens or even hundreds of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Medical and other scientific experts are necessary to assess the extent of a claimant's exposure, assess their medical conditions and offer insight into the possibility of future health issues. These experts are crucial in any case and should be well-vetted and familiar with the relevant field. The more experience an expert in science or medicine has, the more persuasive he is.
In many asbestos cases, a medical expert or scientist is required to review the records of the claimant and conduct an examination. Experts can testify to whether exposure to asbestos was enough to cause an illness that is specific to him, like mesothelioma or lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g. the pleural plaques).
It could be necessary to seek out other experts, such as industrial hygienists, in order to establish the existence of asbestos exposure levels. They can employ advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a workplace or home and compare them to the legal exposure standards.
These experts can also prove valuable in defending companies that produced or distributed asbestos-related products as they can often be able 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 responsibility.
Other experts who may be involved in these cases include environmental and occupational specialists. They can provide insights into the safety procedures which are in place at a particular work site or company, and how they connect to the liability of asbestos manufacturers. They can be able to, for instance, prove that renovation materials disturbed in a remodel project may contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to be released.