20 Inspirational Quotes About Asbestos Litigation Defense

Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits, it is necessary to look into the medical records of the plaintiff as well as their work history and witness. We often use the bare-metal defense, which is based on the argument that your company didn't manufacture, sell or distribute the asbestos-containing products at issue in the case of a claimant.

Asbestos cases are special and require a tenacious approach to achieving successful results. We are regional, local, and national counsel.

Statute of limitations

The statute of limitations is a time limit within which lawsuits are required 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 disease. It is crucial for the defense to prove that the injury was sustained within the timeframe. This usually requires a thorough review and examination of the plaintiff's employment background, including interviews with former coworkers and a careful review of Social Security and union records and tax, tax, and other documents.

In defending asbestos cases, there are many complicated issues. Asbestos victims may develop a mild illness, such as asbestosis, before they are diagnosed with a fatal illness such as mesothelioma. In these situations, a defense attorney will argue that the statute of limitations should start when the victim knew or reasonably ought to have realized that their exposure to asbestos triggered the disease.

These cases are made more complex because the statute of limitations may vary from state to state. In these instances a mesothelioma lawyer who is experienced will try to bring the case in the state where the majority of the exposure alleged occurred. This can be a daunting task, as asbestos victims typically travel around the country looking for work, and the exposure could have occurred in a variety of states.

The discovery process is a challenge in asbestos litigation. Unlike other personal injury cases, which often involve only a few defendants, asbestos-related litigation usually involves a number of defendants. As a result, it can be hard to find a an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and involves multiple defendants.

The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to develop strategies for litigation and manage local counsel and produce consistent and cost-effective results that align with the goals of our clients. We frequently appear before the trial judge and the coordinating judge as well as litigation masters, across the country.

Bare Metal Defense

In the past, producers of boilers, turbines, valves and pumps have defended themselves from asbestos lawsuits using what is known as "bare metal" doctrine or the component part doctrine. This defense holds that a manufacturer cannot be held accountable for asbestos-related harms caused by replacement components that the company didn't design or install.

In the case Devries, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed asbestos lawyer exposure occurred during his time at the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's decision in Devries has altered the face of asbestos litigation, and may impact how courts in other jurisdictions handle 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 case is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits could apply this doctrine to non-maritime cases, as well.

This was the first time a federal appeals court used the defense of bare metal in an 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 company to warn about harm caused by replacement parts that they did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, manage local and regional counsel and ensure an efficient, cost-effective defense in accordance with their goals. Our lawyers are invited to participate in conferences for industry professionals on the most important issues that affect asbestos attorneys litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, judges and special masters of litigation. Our unique method has proven to be effective in reducing legal expenses for our clients.

Expert Witnesses

An expert witness is one who is specialized in his skills, knowledge or experience and provides independent assistance to the court by way of unbiased opinion concerning matters within his expertise. He should be able to clearly express his opinions and the facts or assumptions he is basing it on. He should not ignore any factors that could influence his conclusions.

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 identification of any connection between their condition and an identified source of exposure. Many of the ailments that are caused by asbestos are complex, requiring the expertise of specialists in the field. This can include doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health specialists.

If it's the defense or prosecution the role of an expert is to provide impartial technical assistance. He should not assume the position of an advocate, nor should he seek to influence or persuade the jury to favor his client. The duty to the court overrides his duties to his client and he should not attempt to promote an argument or seek evidence to support it.

The expert should co-operate with the other experts in attempting to narrow any technical issues at a very early stage and eliminate any irrelevant issues. The expert should also work with the experts who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint declaration of experts ordered by the court.

The expert should finish his examination chief, discuss his conclusions and the reasons behind them in a way that is clear and easy to comprehend. He should be ready to answer questions from either the judge or prosecution and be willing to answer all questions raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can assist and advise regional and national defense counsel as along with local, regional and expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos litigation across the nation and also before trial judges and special Masters.

Medical Experts

Expert witnesses are crucial in cases which involve asbestos-related injuries due the latency between exposure to asbestos lawyer and initial symptoms. Asbestos cases frequently involve complex theories of injury that stretch for decades and connect hundreds or even dozens of defendants. It is almost impossible for a claimant to prove their case without the assistance of experts.

Medical and other experts in the field are necessary to assess the extent of a person's exposure, evaluate their medical conditions and offer insight into potential future health problems. Experts like these are essential to any case and should be well-vetted and familiar with the field of study. The more experience an expert in medicine or science has the more persuasive they will be.

In a majority of asbestos cases, an expert in medicine or a scientist is required to look over the records of the claimant as well as perform a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

It may be necessary to consult other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can use advanced sampling and analytical techniques to evaluate airborne asbestos levels in a workplace or home and compare them to the legal exposure standards.

These experts can be beneficial in defending companies that manufacture or distribute asbestos-related products. They are usually in a position to prove that the levels of exposure for plaintiffs were below the legal limits and that there was not evidence of negligence by the employer or product manufacturer responsibility.

Other experts who may be involved in these cases include occupational and environmental experts. They can provide insight into the safety guidelines which are in place at a particular workplace or business and how they are related to asbestos manufacturers' liability. These experts could, for example, establish 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 be released.