25 Amazing Facts About Asbestos Litigation Defense

Asbestos Litigation Defense

To defend companies against asbestos litigation in the future, it is essential to examine the plaintiff's medical records, work history, and testimony. We typically employ a naked metal defense that focuses on arguing your company didn't manufacture or sell asbestos-containing products that are the subject of the claimant's lawsuit.

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

Statute of limitations

The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases, this means the deadline for filing a lawsuit is between one and six years after a person becomes diagnosed with an asbestos-related disease. To defend it is crucial to establish that the alleged accident or death did not occur prior to the timeframe. In most cases, this involves conducting a thorough review of the plaintiff's work history, which includes interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.

Defending an asbestos lawsuit case involves several complex issues. Asbestos-related victims can suffer from a less severe illness, such asbestosis, before being diagnosed with a fatal illness like mesothelioma. In these instances, the defense attorney will argue the time limit should be set when the victim was aware or ought to have known that asbestos attorney exposure caused their disease.

The difficulty of these cases is complicated by the fact that the statute of limitations can differ between states. In these instances a mesothelioma lawyer who is experienced will attempt to file the case in the state where most of the alleged exposure occurred. This is a difficult task as asbestos sufferers typically travel around the country in search of work, and the exposure could have occurred in several states.

The process of discovery isn't always easy in asbestos litigation. Contrary to other types of personal injury cases, which usually have only a handful of defendants, asbestos-related litigation typically includes dozens or more defendants. It can be difficult to obtain relevant evidence in these cases, especially when the plaintiff's argument for injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with local and regional counsel to devise strategies for litigation, manage local counsel, and ensure consistently cost-effective results while coordinating with the goals of our clients. We regularly appear before coordinating and trial judges as well as special masters of litigation, in jurisdictions across the country.

Bare Metal Defense

In the past, producers of turbines, boilers, pumps and valves have defended themselves against asbestos lawsuits using the "bare metal" doctrine or the component part doctrine. This defense holds that a company cannot be held liable for asbestos-related harms caused by replacement components that the company did not design or install.

In the case of Devries, an employee at the Tennessee Eastman chemical plant sued several equipment manufacturers to treat mesothelioma. The job of the plaintiff involved 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 lawsuit was ingested when working at the plant, and was diagnosed with mesothelioma 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 approach the issue of third-party components manufacturers include in their equipment. The Court stated that this application of the bare-metal defense was "cabined" in maritime law but left open the possibility that other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time that a federal appellate court ruled on the bare-metal defense in a case involving asbestos lawsuit and it is a significant departure for traditional law regarding product liability. The majority of courts have interpreted the "bare metal" defense as rejecting the obligation of a company to warn of the dangers caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits, their explanation, that affect the entire industry. We assist our clients to develop strategies for litigation, manage regional and local counsel, and achieve an effective, cost-effective and consistent defense in line with their goals. Our lawyers are invited to present at conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique approach has proven successful in reducing exposure and legal costs for our clients.

Expert Witnesses

An expert witness is a person who has specialized expertise, knowledge or experience and can provide independent advice to the court with the aid of unbiased opinion concerning matters of his area of expertise. He should clearly state the facts or assumptions on which his opinion is based and should not be oblivious to look into matters that could detract from his concluded conclusions.

In cases where asbestos exposure is claimed medical experts could be required to evaluate the claimant's health and determine any causal links between the condition and the source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This includes pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists.

In the event of a prosecution or defence the role of an expert is to provide impartial technical assistance. He should not act as an advocate or try to influence the jury in favor of his client. The obligation to the court overrides his obligations to his client. He should not attempt to promote an argument or locate evidence to back it.

The expert should cooperate with the other experts when attempting to narrow any technical issues at an early stage and eliminate any irrelevant matters. The expert should also work with those instructing him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts commissioned by the court.

The expert must, at the end of his examination chief, discuss his conclusions and the reasons for them in a way that is clear and easy to comprehend. He should be prepared to answer questions posed by the judge or the prosecution, and be prepared to discuss all issues that are raised during cross-examination.

Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can counsel and manage regional and national defense counsel and regional and local experts as well as witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country as well as trial judges and special Masters.

Medical Experts

Expert witnesses are crucial in cases involving asbestos-related injuries due to the latency between exposure to asbestos and initial symptoms. Asbestos cases typically involve complicated theories of injuries that can span decades and connect dozens or hundreds of defendants. It is nearly impossible for a plaintiff to prove their case without the help of experts.

Medical and other experts in the field are essential to determine the extent of a person's exposure, evaluate their medical conditions, and provide insight into possible health issues that could arise in the future. Experts like these are essential to any case, and they should be thoroughly vetted and educated about the subject. The more experience an expert in medical or scientific fields has the more persuasive they'll be.

In many asbestos cases, an expert in medicine or a scientist is required to examine the records of the claimant and conduct an examination. 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 lungs and respiratory tract (e.g. the pleural plaques).

Other experts like industrial hygienists might be required to aid in determining the existence of asbestos-related exposure levels. They can employ sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home to legal exposure standards.

These experts can be beneficial in defending companies that produce or distribute asbestos-related goods. They are usually able to demonstrate that the levels of exposure for plaintiffs were below the legal limits and that there was not evidence of negligence on the part of the employer or product manufacturer responsibility.

Other experts who may be involved in these cases are occupational and environmental experts. They can provide information into the safety protocols which are in place at a particular work site or company and how they connect to the liability of asbestos producers. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers release and then be inhaled.