Asbestos Litigation Defense

To defend companies against asbestos-related lawsuits in the future, it is essential to examine the medical records of the plaintiff as well as their work history, and testimony. We typically use a bare metal defense that focuses on arguing your company didn't make or sell asbestos-containing products that are the subject of the claimant's lawsuit.

asbestos attorney cases require an exclusive approach and a tenacious strategy to achieve success. We are regional, local and national counsel.

Statute of limitations

The majority of lawsuits must be filed within a specified time frame, also known as the statute of limitations. In asbestos cases the deadline for filing an action is between one and six years after a victim is diagnosed with an asbestos-related condition. It is important for the defense to show that the alleged injury occurred within the timeframe. In most cases, this involves conducting a thorough review of the plaintiff's employment history, including interviews with former coworkers and the careful examination of Social Security, union, tax and other documents.

The process of defending asbestos cases involves a variety of complex issues. For example, asbestos victims often develop a less serious illness such as asbestosis before being diagnosed with a fatal illness such as mesothelioma. In these instances, the defense attorney will argue that the statute of limitation should begin when the victim knew or should have reasonably believed that asbestos exposure caused their illness.

These cases are made more complex because the statute of limitations may vary from state to state. In these cases an experienced lawyer for mesothelioma will try to file the case in a state where the majority of the alleged exposure took place. This could be a challenging task since asbestos sufferers often moved across the country in search of jobs, and the claimed exposure could have occurred in multiple states.

The discovery process is challenging in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are typically dozens of parties involved. It can be difficult to obtain relevant information when there are multiple defendants and the plaintiff's theory 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 work closely with local and regional counsel to develop litigation strategy and manage local counsel to get consistent, cost-effective results, in coordination with the goals of the client. We frequently appear before coordinating and trial judge, as also litigation masters across the country.

Bare Metal Defense

In the past, producers of boilers, turbines, pumps and valves have defended themselves against asbestos lawsuits by arguing the "bare metal" doctrine or the component part doctrine. This defense argues that a company cannot 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 Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets on equipment like pumps, valves and steam traps (Equipment Defendants). He claimed he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma several 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 components that manufacturers include in their equipment. The Court said that the application of the bare-metal defense in this case is "cabined" to maritime law, but left open the possibility that other federal circuits could apply this doctrine to non-maritime cases also.

This ruling was the first time that a federal appeals court applied the bare-metal defense in a asbestos lawsuit and is a significant departure from traditional 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 it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, oversee regional and local counsel and achieve an efficient, cost-effective defense that is in line with their goals. Our lawyers also speak at industry conferences on important issues that influence asbestos litigation. Our firm's experience includes defending clients in every state and working closely with coordinating judges and trial courts as well as litigation special masters. Our unique method has proven effective in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is a person who has specific skills, experience or knowledge and provides independent assistance to the court by way of unbiased opinion concerning issues that fall within his field of expertise. He must be able to clearly articulate the facts or assumptions on the basis of his opinion and should not omit to consider matters which could detract from his concluded conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often called upon to assist in the evaluation of the claimant's illness and the determination of any causal link between their condition and the identified source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of specialists. This could include doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.

In the event of a prosecution or defence, an expert's role is to provide impartial technical assistance. He should not serve as an advocate or try to influence the jury to favor his client. He should not attempt to convince jurors or advocate for an argument.

The expert should work with other experts to resolve any issues that are peripheral and narrow down any technical issues. The expert should also collaborate with those who instruct him to determine areas of agreement and discord in the joint statement of expert ordered by the court.

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

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

Medical Experts

Expert witnesses are vital in cases which involve asbestos-related injuries due the delay between exposure to asbestos and the initial symptoms. Asbestos cases frequently involve complex theories of injury that can span decades and connect hundreds or even dozens of defendants. It is almost impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientists are necessary to assess the extent of a person's exposure, evaluate their medical conditions and provide information about the possibility of future health issues. These experts are vital to any case, and should be thoroughly vetted and educated in the relevant field. The more experience an scientist or doctor has the more convincing they will be.

Asbestos cases usually require an expert from a medical or scientific field to review the medical records of the claimant and conduct a physical exam. Experts can verify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.

It is possible to consult with other experts, like industrial hygienists to determine the presence of asbestos exposure levels. They can utilize advanced sampling and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.

These experts can be very useful in defending companies that produce or distribute asbestos-related goods. They are often able to demonstrate that the exposure levels of plaintiffs were not in the range of legal limits and that there was not evidence of negligence on the part of the employer or product manufacturer responsibility.

Other experts in these instances include environmental and occupational specialists who can provide insight into the quality of safety protocols at a given workplace or company, and how they relate to asbestos manufacturers' liability. These experts could determine, for instance, that the materials used in the course of remodeling could contain asbestos or that shaking contaminated clothing could cause asbestos dust and asbestos lawyers fibers to escape.