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Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough analysis of the plaintiff's employment history, medical records and testimony. We often employ the bare-metal defense, which is focused on proving that your company didn't manufacture, sell or distribute the asbestos-containing products that are at issue in the claimant's case.

Asbestos cases require a unique approach and a determined strategy to achieve success. We are local, regional and national counsel.

Statute of limitations

The statute of limitations is a time limit within which most lawsuits must be filed. In asbestos cases, this means that the statutory deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related condition. To defend it is essential to prove that the alleged injury or death did occur prior to this deadline. Often, this requires an exhaustive review of the plaintiff's past work history, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.

The process of defending an asbestos case involves a number of complex issues. Asbestos sufferers may suffer from a less severe disease, such as asbestosis, prior to being diagnosed with a fatal disease such as mesothelioma. In these instances, the defense attorney will argue that the statute of limitation should begin when the victim realized or should have reasonably known that asbestos exposure caused their disease.

The complexity of these cases is exacerbated by the fact that the time limit for filing a lawsuit may differ between states. In these instances a mesothelioma lawyer who is experienced will attempt to start the case in the state where most of the alleged exposure occurred. This could be a challenging task since asbestos sufferers often moved across the country in search of employment, and the alleged exposure may have taken place in several states.

In addition, the process of discovery is challenging in asbestos litigation. In contrast to other types of personal injury cases, which usually contain only a few defendants, asbestos-related litigation typically includes dozens or more defendants. This means it is often difficult to obtain an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation and manage local counsel and achieve consistently cost-effective results in coordination with client goals. We regularly appear before coordination and trial judges, as well as special masters of litigation across the country.

Bare Metal Defense

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

In the case of Devries, an employee of the Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment such as valves, pumps, and steam traps. He claimed that he was exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years afterward.

The Supreme Court's decision in Devries has changed the course of asbestos litigation. It could affect how courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court stated 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 will apply this doctrine to non-maritime cases as well.

This was the first time a federal appellate court used the"bare-metal" defense in an asbestos case, and it's a significant deviation from the standard law regarding product liability. The majority of courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to warn about harms caused by replacement parts it did't manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients to develop litigation strategies, manage local and regional counsel, and ensure a an efficient, cost-effective defense in coordination with their objectives. Our lawyers participate in industry conferences on major issues affecting asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique approach has proven to be effective in reducing legal spend for our clients.

Expert Witnesses

An expert witness is someone who has specialized skills, experience or knowledge and offers independent assistance to the court with the aid of unbiased opinion concerning matters of his expertise. He must be able to clearly articulate the facts or assumptions upon the basis of his opinion and should not omit to look into matters that might affect his conclusions.

In the event that asbestos attorneys exposure is claimed medical experts could be required to help evaluate the claimant's condition and identify any causal link between the condition and the alleged source of exposure. A lot of the diseases associated with asbestos are very complex, requiring the expertise of specialists in the field. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.

In the event of a prosecution or defence the expert's job is to provide objective technical assistance. He should not assume the role of an advocate, nor should he seek to influence or convince a jury to support his client. He should not try to convince the jury or advocate for an argument.

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

The expert should at the conclusion of his examination, present his conclusions as well as the reasoning behind them in a manner that is easy to understand and clear. He should be ready to answer questions posed by the prosecution or judge, and be prepared to answer all questions that were raised during cross-examination.

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

Medical Experts

Due to the latency issues that occur between asbestos attorney exposure and onset of symptoms experts play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that stretch for decades and connect hundreds or even dozens 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 needed to evaluate the degree of exposure an individual has and their medical condition, and also to provide information on future health issues. These experts are vital to any case, and they should be thoroughly vetted and educated about the subject. The more experience a medical or scientific expert has the more convincing they will be.

In a majority of asbestos cases, an expert in medicine or a scientist is required to examine the records of the claimant and conduct an examination. These experts can testify as to whether the claimant's exposure to asbestos was enough to cause a specific medical condition like mesothelioma or lung cancer, or other forms of scarring that affects the respiratory tract and lungs (e.g. plaques in the pleural cavity).

Other experts like industrial hygienists could also be needed to assist in establishing the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical methods to assess the levels of asbestos lawsuit in the air in a home or workplace and compare these levels to legal exposure standards.

Experts of this kind are also useful when defending companies that manufactured or distributed asbestos-related products as they often have the capability of demonstrating that the levels of exposure of plaintiffs were lower than legal limits and that there was no evidence of negligence on the part of the employer or manufacturer liability.

Other experts who may be involved in these cases include occupational and environmental specialists. They can provide information into the safety procedures which are in place at a particular workplace or business and how they connect to asbestos lawsuit 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 could cause asbestos fibers to release and then be inhaled.