Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's history of work and medical records, as well as testimony. We often use the bare metal defense which focuses on arguing that your company didn't manufacture or sell the asbestos-containing products at issue in a claimant's case.
Asbestos cases are special and require a tenacious approach to achieving successful results. We act as local, regional and national counsel.
Statute of limitations
The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases, that means the statutory deadline for filing is between one and six years after a victim becomes diagnosed with an asbestos-related disease. For the defense it is essential to prove that the claimed accident or death did not occur prior to the deadline. In most cases, this involves an exhaustive review of the plaintiff's past work history, which includes interviews with former colleagues and the careful examination of Social Security, union, tax and other documents.
Defending an asbestos case involves a number of complex issues. For instance, asbestos victims typically develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness such as mesothelioma. In these instances an attorney for defense will argue that the statute of limitations should start when the victim was aware or reasonably ought to have realized that their exposure to asbestos triggered the disease.
These cases are complicated due to the fact that the statute of limitations could vary from state to state. In these instances, a seasoned lawyer for mesothelioma will try to present the case in the state where the bulk of the alleged exposure took place. This can be a daunting job, since asbestos victims often move around the country in search of jobs, and the alleged exposure could have occurred in several states.
Finally, the discovery process is difficult in asbestos litigation. In contrast to other types of personal injury cases, which typically involve only a few defendants, asbestos-related litigation usually involves dozens or more parties. It is often difficult to obtain meaningful information when there are multiple defendants, and the plaintiff's case extends over a long period of time.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with regional and local counsel to devise strategies for litigation, manage local counsel, and achieve efficient and consistent results in coordination with client goals. We regularly appear before coordination and trial judges and litigation special masters, across the country.
Bare Metal Defense
In the past, makers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by arguing what is known as "bare metal" doctrine or component part doctrine. This defense states that a company is not liable for asbestos-related injuries resulting from replacement parts they did not install or manufacture.
In the case Devries v. Devries, the Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment defendants). He claimed that he was exposed to asbestos when working in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's decision in Devries has changed the course of asbestos litigation and may impact how courts in other jurisdictions address the issue of liability for third-party components 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 of other federal circuits to apply this doctrine to cases that aren't maritime.
Corona asbestos lawyer was the first time that a federal appellate court applied the bare-metal defense in an asbestos case, and it's a significant deviation from the standard product liability laws. 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 they did not make or sell.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, manage local and regional counsel and provide an effective, cost-effective and consistent defense in accordance with their goals. Our attorneys also present at industry conferences about important issues that influence asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique strategy has proven effective in cutting down on our clients' exposure and legal costs.
Expert Witnesses
An expert witness is one who is specialized in his expertise, knowledge or experience and provides independent assistance to the court by way of an objective opinion regarding matters within his area of expertise. He must clearly state the facts or assumptions upon the basis of his opinion and must not fail to consider matters which could detract from his concluded opinions.
In cases involving allegations of exposure to asbestos, medical experts are often required to assist in the assessment of the claimant's illness and the determination of any causal link between their condition and the identified source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of specialists. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.
In the event of a defense or prosecution the expert's job is to provide objective technical assistance. He should not assume the position of an advocate and should not try to influence or persuade the jury to support his client. The duty to the court supersedes his obligations to his client, and he should not attempt to promote an argument or locate evidence to back it.
The expert should work with other experts to eliminate any issues that are peripheral and narrow down any technical issues. The expert should also work with the people who instruct him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts commissioned by the court.
After his examination in chief the expert should be able to present his conclusions and the reasons for them in a clear and easy-to-understand way. He must be able to answer questions from the prosecution or judge and should be willing to address any issues that are raised on cross-examination.
Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can assist and manage regional and national defense counsel and local and regional experts and witnesses. Our team regularly appears before coordinating judges, trial judges, and special masters in asbestos litigation throughout the country.
Medical Experts
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the time lag between exposure to asbestos and beginning symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and involve dozens or hundreds of defendants. It is almost impossible for a claimant to prove their case without the assistance of experts.
Experts in medicine and other sciences are required to determine the extent of a person's exposure and their medical condition, as well as provide insight into future health issues. These experts are crucial to any case and should be thoroughly vetted and knowledgeable about the relevant field. The more experience a medical or scientific expert has, the more persuasive they'll be.
In many asbestos cases, an expert in medicine or a scientist is required to examine the records of the claimant as well as perform a physical exam. Experts can testify as to whether the claimant's exposure to asbestos was enough to trigger an illness that is specific to him, like mesothelioma, lung cancer, or other types of scarring in the lungs and respiratory tract (e.g., pleural plaques).
Other experts like industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air at the workplace or at home to the legal exposure standards.
These experts can be beneficial in defending companies that produce or distribute asbestos-related products. They often are able to demonstrate that the exposure levels of plaintiffs were not in the range of legal limits, and that there was no evidence of negligence by the employer or the responsibility of the manufacturer of the product.
Other experts in these instances include environmental and occupational specialists who can provide insight into the quality of safety protocols at a specific workplace or business and how they relate to the liability of asbestos manufacturers. For instance, they can establish that the materials damaged during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and then be inhaled.