What NOT To Do In The Asbestos Litigation Defense Industry

Asbestos Litigation Defense

In order to defend businesses against asbestos litigation and claims, it is essential to review the medical records of the plaintiff as well as their work history and testimony. We typically employ a naked metal defense, which focuses on proving that your company didn't make, sell, or distribute the products containing asbestos that are the subject of the claimant's lawsuit.

Asbestos cases require a distinctive method and a persistent strategy to achieve success. We are local, regional, and national counsel.

Statute of limitations

The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is between one and 6 years after a person is diagnosed with an asbestos-related disease. In order to defend the case it is essential to establish that the alleged injury or death did not occur prior to this deadline. This usually requires a thorough study and analysis of the plaintiff's employment background, including interviews with former coworkers and a careful examination of Social Security and union records and tax, tax, and other documents.

In defending an asbestos lawyers-related case, there are several complex issues. Asbestos victims may develop a mild illness, such as asbestosis, before being diagnosed with a fatal illness such as mesothelioma. In these instances the attorney representing the defense will argue that the time limit should be set when the victim knew or should have reasonably known that exposure to asbestos caused the disease.

These cases are complicated by the fact the statute of limitations could vary from state to state. In these instances, a seasoned mesothelioma lawyer may try to file the case in the state in which the majority of the exposure alleged to have taken place. This can be a daunting job, since asbestos victims typically travel around the country looking for jobs, and the alleged exposure could have occurred in a variety of states.

The process of establishing the facts can be difficult in asbestos litigation. Unlike other personal injury cases, which usually contain only a few defendants, asbestos-related litigation typically involves a number of defendants. As a result, it can be hard to obtain an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and connects several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos lawsuit litigation that spans multiple jurisdictions. 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 line with the client's goals. We regularly appear before coordinating and trial judges and litigation special masters, in jurisdictions across the country.

Bare Metal Defense

In the past, makers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits by asserting what is known as "bare metal" doctrine or the component part doctrine. This defense holds that a company cannot be held responsible for asbestos-related harms caused by replacement components that the company did not make or install.

In the case of Devries, a 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 like pumps, valves and steam traps (Equipment defendants). He claimed that he was exposed to asbestos while working at the plant, and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has altered the landscape of asbestos litigation, and could influence the way courts in other jurisdictions tackle the issue of third-party parts that manufacturers incorporate into their equipment. The Court declared that the application of the bare-metal defense is "cabined" in maritime law but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This decision was the first time that an appeals court of the federal level has used the defense of bare metal in an asbestos lawsuit, and represents an important departure from the traditional product liability law. The majority of courts have interpreted "bare metal" as a rejection of the responsibility of a manufacturer to warn about harms caused by replacement parts it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop litigation strategies, manage local and regional counsel, and provide an efficient, cost-effective defense that aligns with their objectives. Our attorneys also speak at industry conferences about important issues that influence asbestos litigation. Our firm's experience includes defending clients across the nation and working closely with the coordinating judges and trial courts as well as litigation special masters. Our unique approach has been effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

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

In the event that asbestos attorney exposure is claimed medical experts may be required to help evaluate the claimant's health and determine any causal link between the condition and the source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of specialists. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health specialists.

Experts are there to offer impartial technical assistance, whether they are representing the prosecution or the defence. He should not serve as an advocate or attempt to influence the jury to favor his client. The duty to the court overrides the obligations he has to his client. He should not attempt to promote an argument or seek evidence to support it.

The expert should collaborate with the other experts to eliminate any peripheral issues and reduce any technical issues. The expert should also work with those who instruct him to pinpoint areas of agreement and disagreement for the joint statement of expert ordered by the court.

After his main examination, the expert should explain his conclusions and the reasoning behind them in a clear and comprehensible manner. He is expected to be able to respond 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 involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to handle and advise national and regional defense counsel, as in addition to local regional, expert witnesses and experts. Our team is regularly in front of trial judges, coordinating judges, and special masters in asbestos litigation across the nation.

Medical Experts

Expert witnesses are vital in cases involving asbestos-related injuries due to the latency between exposure to asbestos and beginning symptoms. Asbestos cases typically involve complicated theories of injuries that stretch for decades and involve hundreds or even dozens of defendants. This is why it's nearly impossible for a plaintiff to establish their case without the assistance of experts.

Experts in the fields of medicine and other sciences are required to determine the extent of a person's exposure and medical condition as well as to give insight into the future health issues. These experts are crucial to any case and must be well-vetted and familiar with the subject matter. The more experience an expert in science or medicine has, the more persuasive the expert is.

Asbestos cases typically require a medical or scientific expert to examine the medical records of the plaintiff and conduct a physical exam. Experts can verify whether asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.

Other experts such as industrial hygienists may also be needed to assist in determining the existence of asbestos attorney-related exposure levels. They can utilize 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 be useful in defending companies that produce or distribute asbestos-related goods. They are often able to demonstrate that the exposure levels of plaintiffs were below the legal limits and that there was not evidence of employer negligence or product manufacturer responsibility.

Other experts who could be involved in these cases include environmental and occupational specialists. They can provide insight into the safety guidelines that are in place at a specific workplace or business and how they are related to the liability of asbestos producers. They can, for example, establish that the materials used in a remodel project may contain asbestos or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to be released.