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Asbestos Litigation Defense

In order to defend companies against asbestos litigation and claims, it is essential to look into the plaintiff's medical records, work history and testimony. We often use a bare metal defense that focuses on the fact that your company did not manufacture or sell the products containing asbestos that are the subject of the claimant's lawsuit.

Asbestos cases require a unique approach and a determined approach to get results. We are local counsel, regional and national.

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 an action is between one and 6 years after a victim is diagnosed with an asbestos-related condition. It is crucial for the defense to show that the alleged injury occurred within the timeframe. Often, this means conducting a thorough review of the plaintiff's work history, which includes interviews with former colleagues and the careful review of Social Security, union, tax and other records.

In defending asbestos lawyers cases, there are various complex issues. Asbestos sufferers may develop a mild disease, such as asbestosis, prior to being diagnosed with a fatal condition like mesothelioma. In these cases the defense attorney will argue that the limitation period should start when the victim knew or should have reasonably believed that asbestos exposure caused the disease.

These cases are complicated due to the fact that the statute of limitations may differ from state to state. In these cases a mesothelioma lawyer who is experienced will try to start the case in the state where the majority of the exposure alleged occurred. This is a difficult task, as asbestos victims typically travel around the country looking for work and the alleged exposure could have occurred in several states.

The process of discovery can be difficult in asbestos litigation. Contrary to other personal injury cases, which typically have only a handful of defendants, asbestos-related litigation usually involves a number of parties. It can be difficult to get meaningful information when there are multiple defendants, and the plaintiff's case is spanning decades.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with regional and local counsel to formulate a strategy for litigation, manage local counsel and obtain consistent, cost-effective outcomes in line with client objectives. We frequently appear in front of the trial judge and the coordinating judge as also litigation masters across the nation.

Bare Metal Defense

In the past, manufacturers of boilers, turbines valves and pumps have protected themselves against asbestos lawsuits using the "bare metal" doctrine or component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injury caused by replacement parts that they did not design or manufacture.

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

The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation and may influence how courts in other jurisdictions approach the issue of third-party components manufacturers incorporate into their equipment. The Court stated that this application of the bare-metal defense was "cabined" in maritime law but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This ruling was the first time a federal appeals court used the defense of bare metal in a lawsuit involving asbestos, and is an important departure from the traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a manufacturer to warn consumers about the harm caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop strategies for litigation, manage regional and local counsel, and achieve a consistent, cost-effective defence in coordination with their objectives. Our lawyers are invited to present at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, judges and special masters of litigation. Our unique approach has proven to be successful in reducing legal spend 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 by way of an impartial opinion on matters within his field of expertise. He should clearly state the facts or assumptions upon which his opinions are based and must not fail to look into matters that might affect his opinions.

In the event that asbestos exposure is claimed medical experts could be required to help evaluate the claimant's condition and to determine any causal connections between the condition and the identified source of exposure. Many of the illnesses that are caused by asbestos are complex, requiring the expertise of specialists in the field. This could include doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.

If it's the prosecution or defence the expert's job is to provide objective technical assistance. He should not assume the position of advocate or seek to influence or convince the jury to support his client. The obligation to the court is greater than the obligations he has to his client and he should not try to push an argument or seek evidence to justify it.

The expert should cooperate with other experts in trying to reduce any technical issues at a very early stage and eliminate any other peripheral issues. The expert should also collaborate with the people who instruct him to determine areas of agreement and disagreement for the joint declaration of the expert as ordered by the court.

The expert must at the conclusion of his examination, present his conclusions as well as the reasons for them in a way that is clear and understandable. He should be prepared to answer questions from the prosecution or judge and be prepared to address any issues that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can counsel and manage national and regional defense counsel and local and regional experts and witnesses. Our team is regularly in front of coordinating judges in asbestos litigation across the country, as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and appearance of symptoms, expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that span decades and involve dozens or hundreds of defendants. This is why it's nearly impossible for a plaintiff to establish their case without the help of experts.

Experts in medicine and other sciences are required to determine the extent of an individual's exposure and their medical condition, as well as to give insight into the future health issues. These experts are vital to any case and must be thoroughly examined and knowledgeable about the subject. The more experience an expert in medicine or science has, the more persuasive they is.

Asbestos cases usually require an expert in science or medicine to analyze the medical records of the plaintiff and conduct a physical examination. Experts can testify to whether the claimant's exposure 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 might also be needed to assist in establishing asbestos attorney-related exposure levels. They can use advanced 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 also prove valuable when defending companies that manufactured or distributed asbestos-related products as they can often be able of proving that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts who could be involved in these instances are environmental and occupational specialists. They can provide information into the safety guidelines which are in place at a particular workplace or company, and how they relate to asbestos manufacturers' liability. For instance, they 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 become inhaled.