7 Small Changes That Will Make An Enormous Difference To Your Asbestos Litigation Defense

Asbestos Litigation Defense

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

Asbestos cases are unique and require an aggressive strategy to achieve success. We act as local counsel, regional and national.

Statute of Limitations

The statute of limitations is a period 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 is diagnosed with an asbestos-related disease. To defend, it is important to establish that the alleged injury or death did occur within this deadline. This usually requires a thorough review and examination of the plaintiff's employment background, including interviews with former coworkers, and a careful review of Social Security and union records as well as tax and tax records.

Defending asbestos cases involves a variety of complex issues. For instance, asbestos-related victims often develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these cases, a lawyer for defense will argue that the statute of limitations should start when the victim was aware or reasonably should have known that their asbestos exposure caused the disease.

The complexity of these cases is exacerbated by the fact that the time limit for filing a lawsuit may differ from state to state. In these cases, a seasoned mesothelioma lawyer may try to bring the case to the state in which the majority of the exposure is believed to have taken place. This may be a difficult task since asbestos sufferers often moved across the country to find employment, and the alleged exposure may have taken place in several states.

The discovery process is a challenge 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 usually dozens of parties involved. It is often difficult to find a meaningful discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and binds several different defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to devise strategies for litigation, manage local counsel, and ensure efficient and consistent results while coordinating with client goals. We regularly appear before coordinating and trial judges as well as special masters of litigation, across the country.

Bare Metal Defense

Historically, manufacturers of boiler, turbine and pump and valve equipment have successfully defended themselves against asbestos litigation by asserting an argument referred to as the "bare metal" or the component part doctrine. This defense states that a manufacturer cannot be held liable for asbestos-related injuries resulting from replacement components that the company did not make or install.

In the case of Devries v. Devries, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps and gaskets from equipment such as valves, pumps, and steam traps. He claimed that he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has changed the nature of asbestos litigation, and could influence how courts in other jurisdictions approach the issue of third-party components that manufacturers incorporate into their equipment. The Court said 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 principle to non-maritime cases, as well.

This was the first time an appeals court of the federal level has applied the bare metal defense in an asbestos lawsuit, and is quite a departure from the norms of product liability law. Most courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a company to warn consumers about the harm caused by replacement parts that they did not make 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 local and regional counsel, and ensure a an efficient, cost-effective defense that is in line with their goals. Our attorneys speak at conferences for industry professionals on the most important issues affecting  asbestos litigation . Our firm's experience includes defending clients across the nation and working closely with coordinating judges, trial courts and litigation special masters. Our unique approach has proven successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

A person with specific expertise, skills or experience is an expert witness. They provide independent assistance to a judge by providing an objective opinion on matters that are within their expertise. He should clearly state his opinion and the evidence or assumptions that he is basing it on. He should also not ignore any factors that could affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the evaluation of the claimant's illness and the identification of any causal link between their condition and the identified source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of experts. This can include doctors and nurses pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists and pharmacists.

Experts are there to provide unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. He should not assume the position of an advocate or seek to influence or convince a jury to favor his client. The obligation to the court supersedes the obligations he has to his client and he should not attempt to support an argument or seek evidence to back it.

The expert should work with the other experts when trying to reduce any technical issues at an early stage and eliminate any irrelevant matters. The expert should also collaborate with the people who instruct him to determine areas of agreement and discord in the joint statement of the expert as ordered by the court.

After his chief examination the expert must be able to explain his findings and the reasoning behind them in a clear and comprehensible way. He is expected to be able to respond questions from the prosecution or the judge and should be prepared to discuss any issues that are raised on cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can assist and advise national and regional defense counsel as in addition to local regional, expert witnesses and experts. Our team regularly appears before the asbestos litigation judges who coordinate across the country as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that arise between asbestos exposure and the appearance of symptoms, expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that span decades and connect hundreds or even dozens of defendants. It is almost impossible for a plaintiff 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 an individual's exposure and medical condition as well as provide information on future health concerns. Experts like these are essential to any case and must be thoroughly checked and knowledgeable of the subject matter. The more experience an expert in medicine or science has, the more persuasive he is.

In many asbestos cases, an expert in medicine or a scientist is required to look over the records of the claimant and conduct an examination. Experts can determine if asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.

Other experts such as industrial hygienists may be required to aid in establishing the existence of asbestos-related exposure levels. They can use advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in a home or workplace and compare these to legal exposure standards.

Experts of this kind can also prove valuable when defending companies who manufactured or distributed asbestos-related goods as they are often capable of proving 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 involved in these cases include occupational and environmental specialists who can provide insights into the adequacy of safety protocols at a given workplace or company, and how these protocols are related to the liability of asbestos manufacturers. They can, for example, establish that renovation materials damaged during a remodel project may contain asbestos or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to escape.