Asbestos Litigation Defense

To defend companies against asbestos-related lawsuits in the future, it is essential to look into the medical records of the plaintiff as well as their work history and testimony. We typically use the bare-metal defense, which is focused on proving that your company did not make or sell the asbestos-containing products in question in a claimant's case.

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

Statute of limitations

The majority of lawsuits have to be filed within a specified time frame, also known as the statute of limitations. For asbestos cases, this means that the statutory deadline for filing is between one and six years after a person becomes diagnosed with an asbestos-related illness. In order to defend the case it is essential to prove that the claimed injury or death did occur prior to the deadline. In most cases, this involves reviewing the entirety of the plaintiff's work history, which includes interviews with former coworkers and the careful examination of Social Security, union, tax and other records.

The process of defending an asbestos case involves several complex issues. Asbestos victims may develop a mild illness, such as asbestosis, before being diagnosed with a fatal condition like mesothelioma. In these cases the attorney representing the defense will argue the time limit should be set when the victim was aware or ought to have known that exposure to asbestos causes their disease.

These cases are complicated because the statute of limitations may vary from state to state. In these instances, an experienced lawyer for mesothelioma will try to file 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 to find work, and the alleged exposure may have taken place in multiple states.

In addition, the process of discovery is difficult in asbestos litigation. Unlike other personal injury cases, which often contain only a few defendants, asbestos-related litigation typically involves dozens or more parties. This means it can be difficult to get relevant evidence in these cases, especially when the plaintiff's argument for injuries spans decades and connects many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to develop strategies for litigation, manage local counsel, and achieve efficient and consistent results in coordination with the client's goals. We regularly appear before coordination and trial judges as well as 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 arguing what is referred to as "bare metal" doctrine or the component part doctrine. This defense holds that a manufacturer can't be held accountable for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps, and gaskets from equipment, such as pumps, valves, and steam traps. He claimed asbestos was ingested during his time at the plant and was diagnosed with mesothelioma several years later.

The Supreme Court's decision in Devries has altered the face of asbestos litigation, and could impact the way courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. The Court stated that this application 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 a federal appeals court applied the bare metal defense in a asbestos lawsuit and represents an important departure from the traditional product liability law. Most courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a manufacturer to warn about harm caused by replacement parts it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We help our clients develop strategies for litigation, oversee regional and local counsel and provide an effective, cost-effective and consistent defense that aligns with their goals. Our attorneys present at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has been successful in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is one who has specific skills, experience or knowledge and provides independent assistance to the court in the form of unbiased opinion concerning issues that fall within his field of expertise. He should be able to clearly express his opinions and the evidence or assumptions he is basing it on. He should not ignore any factors that could affect his 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 condition and to determine if there is a 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 includes doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists and pharmacists.

Experts are available to provide unbiased technical assistance, regardless of whether they represent the prosecution or the defense. He should not assume the role as an advocate and should not try to influence or convince the jury to support his client. He should not attempt to convince the jury or advocate for an argument.

The expert should cooperate with other experts in attempting to narrow any technical issues at an early stage and eliminate any other peripheral matters. The expert should also cooperate with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts commissioned by the court.

The expert should finish 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 from the prosecution or the judge and should be prepared to address any issues that are raised during cross-examination.

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

Medical Experts

Expert witnesses are crucial in cases involving asbestos-related injuries due to the delay between exposure to asbestos lawsuit and the beginning symptoms. Asbestos cases frequently involve complex theories of injury that stretch for decades and connect dozens or even hundreds of defendants. It is nearly impossible for an individual to prove 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 their medical condition, as well as to give insight into the future health concerns. Experts like these are essential in any case and should be thoroughly vetted and knowledgeable about the subject matter. The more experience an scientist or doctor has the more persuasive the expert will be.

In a majority of asbestos cases, an expert in medicine or a scientist is required to look over the records of the claimant as well as perform a physical exam. Experts can determine if asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.

Other experts like industrial hygienists could be required to assist in determining the existence of asbestos-related exposure levels. They can use advanced analytical and sampling techniques to determine the amount of asbestos in the air in a home or workplace to legal exposure standards.

Experts of this kind can be extremely useful in defending companies that produced or distributed asbestos-related products as they are often capable of proving that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.

Other experts who may be involved in these instances are occupational and environmental specialists. They can provide information into the safety protocols that exist at a particular workplace or business, and how they connect to the liability of asbestos producers. These experts can, for example, establish that renovation materials damaged during a remodel project may contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to be released.