This Is The Ugly Truth About Asbestos Litigation Defense

Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits in the future, it is essential to examine the medical records of the plaintiff, work history and testimony. We typically use the bare-metal defense, which is based on the argument that your company was not able to manufacture or sell the asbestos-containing products at issue in a claimant's case.

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

Statute of limitations

The majority of lawsuits have to be filed within a certain time period, known as the statute of limitations. For asbestos cases, that means the legal deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related illness. In order to defend the case it is crucial to prove that the claimed injury or death did not occur prior to the deadline. Often, this means reviewing the entirety of the plaintiff's employment background, including interviews with former coworkers and the careful review of Social Security, union, tax and other documents.

The process of defending an asbestos case involves a number of complex issues. Asbestos-related victims can suffer from a less severe illness, such as asbestosis, before they are diagnosed with a fatal disease like mesothelioma. In these cases the defense attorney will argue the statute of limitation should begin when the victim knew or should have reasonably known that exposure to asbestos lawyer caused their illness.

These cases are made more complex because the statute of limitations can differ from state to state. In these cases an experienced mesothelioma lawyer will try to file the case in the state where the majority of the alleged exposure occurred. This can be a challenging job, since asbestos victims typically travel around the country in search of work and the alleged exposure could have occurred in multiple states.

The discovery process is a challenge in asbestos litigation. Contrary to other personal injury cases, which often involve only a few defendants, asbestos-related litigation usually involves dozens or more defendants. It is often difficult to obtain significant information when there are multiple defendants and the plaintiff's claim stretches over decades.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with regional and local counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results in accordance with the goals of the client. We frequently appear before the trial judge and coordinating judge, as also litigation masters across the country.

Bare Metal Defense

In the past, producers of boilers, turbines valves and pumps have protected themselves against asbestos lawsuits using what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a company is not liable for asbestos lawyer-related injuries caused by replacement parts that they did not manufacture or install.

In the case of Devries, an employee at a Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps and gaskets from equipment like pumps, valves, and steam traps. He claimed asbestos was ingested while working at the plant, and was diagnosed with mesothelioma years later.

The Supreme Court's decision in Devries has changed the course of asbestos attorneys litigation, and could impact the way courts in other jurisdictions handle the issue of the liability of third-party components that are added to equipment by manufacturers. The Court said that this use 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 are not maritime.

This was the first time that a federal appeals court has applied the bare metal defense in an asbestos lawsuit (writes in the official Hubstack blog), and represents a significant departure from 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 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 litigation strategies, manage regional and local counsel and provide an efficient, cost-effective defense that aligns with their objectives. Our lawyers also speak at industry conferences on key issues affecting asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is one who is specialized in his skills, knowledge or experience and offers independent assistance to the court with the aid of an objective opinion regarding matters of his field of expertise. He should clearly state his views and the facts or assumptions he is basing it on. He should also not overlook any aspect that might affect his conclusions.

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

In the event of a prosecution or defence the expert's job is to provide objective technical assistance. He should not assume the position of an advocate, nor should he seek to influence or persuade the jury to support his client. The obligation to the court overrides the obligations he has to his client and he should not try to push an argument or seek evidence to back it.

The expert should cooperate with the other experts when attempting to narrow any technical issues at a very early stage and eliminate any peripheral matters. The expert should also work with the people who instruct him to identify areas of agreement and discord for the joint statement of the expert as ordered by the court.

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

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to advise and manage regional and national defense counsel as well as regional and local experts and witnesses. Our team regularly appears before trial judges, coordinating judges, and special masters in asbestos litigation across the nation.

Medical Experts

Expert witnesses are extremely important in cases which involve asbestos-related injuries due the delay between exposure to asbestos and onset symptoms. Asbestos cases typically involve complicated theories of injuries that stretch for decades and connect hundreds or dozens of defendants. Due to this, it is almost impossible for a plaintiff to establish their case without the help of experts.

Experts in the fields of medicine and other sciences are required to assess the degree of exposure an individual has and medical condition, as well as to give insight into the future health concerns. These experts are crucial to any case, and must be thoroughly checked and educated in the field they are working in. The more experience a medical or scientific expert has the more persuasive they'll be.

In a majority of asbestos cases, a medical expert or scientist is required to look over the records of the claimant as well as perform an examination. Experts can verify whether asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.

Other experts, such as industrial hygienists might be required to assist in determining the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to evaluate airborne asbestos levels in a home or workplace and compare these levels to legal exposure standards.

These types of experts can be extremely useful when defending companies that manufactured or distributed asbestos lawyer-related products, as they often have the capability of proving that the exposure levels of plaintiffs were within legal limits and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts who may be involved in these cases are environmental and occupational specialists. They can provide information into the safety guidelines that exist at a particular workplace or business and how they connect to asbestos manufacturers' liability. These experts can, for example, establish that the materials used in the course of remodeling could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to be released.