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Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough review of a plaintiff's work history, medical records and testimony. We often employ the bare metal defense which focuses on arguing that your company didn't manufacture, sell or distribute the asbestos-containing products that are at issue in a claimant's case.

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

Statute of limitations

The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases, the deadline for filing a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related condition. In order to defend the case it is essential to prove that the claimed accident or death did not occur prior to this deadline. Often, this means conducting a thorough review of the plaintiff's work history, including interviews with former colleagues and the careful review of Social Security, union, tax and other records.

Defending asbestos cases involves a variety of complex issues. Asbestos sufferers may suffer from a less severe illness, such as asbestosis, before being diagnosed with a fatal condition like mesothelioma. In these cases, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably ought to have realized that their exposure to asbestos caused the disease.

These cases are made more complex because the statute of limitations may differ from state to state. In these instances, a seasoned lawyer for mesothelioma will try to present the case in the state where the bulk of the alleged exposure took place. This could be a challenging task because asbestos victims often moved across the country in search of employment, and the alleged exposure could have occurred in several states.

In addition, the process of discovery is a challenge in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants as in most cases, there are typically dozens of people involved. This means it can be difficult to find a meaningful discovery in these cases, especially when the plaintiff's argument for injuries spans decades and involves multiple defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos attorney litigation. We collaborate closely with local and regional counsel to develop litigation strategies and manage local counsel and produce consistently cost-effective results in coordination with the goals of our clients. We regularly appear before coordinating and trial judge, as well as litigation masters, across the nation.

Bare Metal Defense

In the past, makers of boilers, turbines pumps and valves have defended themselves against Asbestos Lawsuits (Writeablog.Net) using the "bare metal" doctrine or component part doctrine. This defense states that a manufacturer cannot be held liable for asbestos-related harms caused by replacement components that the company did not make or install.

In the case of Devries, an employee of an Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps and gaskets from equipment like valves, pumps, and steam traps. He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with mesothelioma a few years afterward.

The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation and may influence how courts in other jurisdictions approach the issue of third-party components that manufacturers include in their equipment. The Court said that this use of the bare metal defense is "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 appeals court applied the bare metal defense in a lawsuit involving asbestos, and represents quite a departure from the norms of product liability law. Most courts have interpreted this "bare metal" defense as a rejection of the obligation of a company to warn of the dangers caused by replacement parts that they did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing litigation strategies, manage regional and local counsel, and ensure a an effective, cost-effective and consistent defense that is in line with their goals. Our attorneys also speak at industry conferences on major issues shaping asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique method has proven effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

A person with specific knowledge, skills or experience can be an expert witness. They provide impartial assistance to a judge by providing an unbiased opinion on matters that are within their expertise. He should clearly state the facts or assumptions upon which his opinion is based and should not omit to look into matters that could detract from his concluded conclusions.

In the event that asbestos exposure is suspected medical experts could be required to help evaluate the claimant's health and determine any causal link between the condition and the alleged source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of specialists. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.

If it's the prosecution or defence the role of an expert is to provide impartial technical assistance. Experts should not be an advocate or try to influence the jury in favor of his client. The obligation to the court is greater than his duties to his client and he should not attempt to support a particular argument or find evidence to justify it.

The expert should collaborate with the other experts to resolve any peripheral issues and identify any technical issues. The expert should also collaborate with those who are instructing him to determine areas of agreement and disagreement for the joint statement of the expert as ordered by the court.

The expert should, at the end of his examination chief, discuss his conclusions as well as the reasons behind them in a way that is clear and easy to comprehend. He should be prepared to answer questions from either the judge or the prosecution, and be able to discuss all issues that were raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys can assist and advise national and regional defense counsel as in addition to local regional, expert witnesses and experts. Our team appears regularly before judges who are coordinating asbestos litigation across the nation, as well as trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases that involve asbestos lawyer-related injuries because of the delay between exposure to asbestos and onset symptoms. Asbestos cases typically involve complicated theories of injuries that can span decades and involve hundreds or dozens of defendants. Due to this, it is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientific experts are required to determine the extent of a claimant's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are vital to any case, and should be thoroughly vetted and knowledgeable in the field they are working in. The more experience an expert in science or medicine has the more persuasive they will be.

In many asbestos cases, a medical expert or scientist is required to review the claimant's records and perform a physical exam. Experts can testify as to whether exposure to asbestos was enough to cause a specific medical condition like mesothelioma, lung cancer, or other forms of scarring on the respiratory tract and lungs (e.g. plaques in the pleural cavity).

It is possible to consult with other experts, like industrial hygienists, in order to determine the presence of asbestos exposure levels. They can employ advanced sampling and analytical techniques to assess the levels of asbestos in the air in a workplace or home and compare them to the legal exposure standards.

These types of experts can be extremely useful when defending companies who manufactured or distributed asbestos-related products as they can often be able of demonstrating that the levels of exposure of plaintiffs were within the legal limit 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 include environmental and occupational specialists. They can provide insight into the safety guidelines that are in place at a specific workplace or company and how they relate to asbestos manufacturers' liability. For instance, they can determine that materials used in renovation that are disturbed during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and be inhaled.