Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's history of work as well as medical records and evidence. We often use a bare metal defense that focuses on arguing your company didn't make or sell asbestos-containing products that are at issue in the claimant's lawsuit.
Asbestos cases are unique and require a determined approach to achieve successful results. We are regional, local, and national counsel.
Statute of Limitations
Most lawsuits must be filed within a specific timeframe, referred to as the statute of limitations. In asbestos cases the deadline for filing an action is between one and 6 years after the victim is diagnosed with an asbestos-related illness. In order to defend the case it is essential to establish that the alleged accident or death did not occur prior to this deadline. This typically requires a thorough review and analysis of the plaintiff's employment history, including interviews of former coworkers, as well as a careful examination of Social Security and union records and tax, tax, and other records.
The process of defending an asbestos case involves many complicated issues. For example, asbestos victims are more likely to develop a less serious illness such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these instances, the defense attorney will argue that the time limit should be set when the victim knew or ought to have known that exposure to asbestos caused their disease.
These cases are made more complex because the statute of limitations may differ from state to state. In these cases, an experienced lawyer for mesothelioma will try to file the case in the state in which the majority of the exposure alleged to have taken place. This could be a challenging task as asbestos patients frequently moved around the country to obtain jobs, and the claimed exposure could have occurred in multiple states.
The discovery process is challenging in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of just a few defendants in the majority of cases, there are usually several parties involved. It can be difficult to obtain meaningful discovery when there are many defendants and the plaintiff's claim is spanning decades.
The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to develop litigation strategies and manage local counsel and produce consistent and cost-effective results in coordination with the goals of our clients. We regularly appear before coordinating and trial judges and special masters of litigation, across the nation.
Bare Metal Defense
In the past, manufacturers of boilers, turbines, pump and valve equipment have successfully defended themselves against asbestos litigation by asserting an argument referred to as the "bare metal" or component part doctrine. This defense states that a company is not responsible for asbestos-related injuries resulting from replacement parts they did not manufacture or install.
In the case of Devries, a worker at a Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on equipment such as valves, pumps and steam traps (Equipment Defendants). He claimed he was exposed asbestos while working in the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has altered the nature of asbestos litigation and could affect the way that courts in other jurisdictions tackle the issue of third-party components that manufacturers add to equipment. The Court declared that the use of the bare-metal defense in this case 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 ruling was the first time that a federal appeals court 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 this "bare metal" defense as a way of avoiding the obligation of a manufacturer to warn of the dangers caused by replacement parts that it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients in developing litigation strategies, manage local and regional counsel, and ensure a an efficient, cost-effective defense that is in line with their goals. Our lawyers are invited to participate in conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, judges and special masters of litigation. Our unique strategy has proven successful in reducing our clients' exposure and legal costs.
Expert Witnesses
An expert witness is one who has specialized skills, knowledge or experience and can provide independent advice to the court by way of an impartial opinion on issues that fall within his field of expertise. He should clearly state his views and the evidence or assumptions he's basing it on. He should not overlook any aspects that could influence his conclusions.
In cases where asbestos exposure is suspected, medical experts may be required to help evaluate the claimant's health and determine any causal links between the condition and the alleged source of exposure. latest asbestos litigation of the diseases caused by asbestos are extremely complex, requiring the expertise of experts in the field. This includes nurses and doctors as well as toxicologists, pharmacists epidemiologists, occupational health specialists and pharmacists.
If it's the prosecution or defence, an expert's role is to provide impartial technical assistance. He should not serve as an advocate or try to influence the jury to favor his client. The obligation to the court supersedes his obligations to his client. He should not try to push an argument or locate evidence to justify it.
The expert should cooperate with the other experts when trying to narrow any technical issues at a very early stage and eliminate any peripheral issues. The expert should also cooperate with the people who instruct him in identifying areas of agreement and disagreement for the reason of the joint statement of experts ordered by the court.
The expert must at the conclusion of his examination chief, discuss his conclusions as well as the reasons behind the conclusions in a manner that is easy to understand and clear. He should be prepared to answer questions from the prosecution or 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 lawyers can advise and manage national and regional defense counsel as well as local and regional experts and witnesses. Our team regularly appears before coordinating judges in asbestos litigation across the nation, as well as trial judges and special Masters.
Medical Experts
Due to the latency issues that occur between asbestos exposure and appearance of symptoms experts play an extremely important role in any case involving an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that span decades and involve dozens or even hundreds of defendants. It is nearly impossible for a claimant to prove their case without the assistance of experts.
Medical and other scientific experts are required to determine the extent of an individual's exposure, assess their medical conditions and provide information about the possibility of future health issues. 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 science or medicine has, the more persuasive the expert will be.
In many asbestos cases, an expert in medicine or a scientist is required to examine the records of the claimant as well as perform an examination. Experts can verify whether asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.
Other experts such as industrial hygienists might be required to assist in establishing the existence of asbestos-related exposure levels. They can use advanced analytical and sampling techniques to compare airborne asbestos levels at a workplace or home to legal exposure standards.
These experts can be extremely useful when defending companies who manufactured or distributed asbestos-related goods as they are often capable of proving that the levels of exposure of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.
Other experts who could be involved in these cases are occupational and environmental experts. They can provide insight into the safety procedures which are in place at a particular workplace or company and how they relate to the liability of asbestos producers. These experts could 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 fibers and asbestos dust to escape.