Asbestos Litigation Defense
The defense of companies against asbestos litigation requires a thorough analysis of a plaintiff's history of work as well as medical records and evidence. We typically employ a naked metal defense, which focuses on proving that your company didn't make, sell, or distribute asbestos-containing products at issue in the claimant's lawsuit.
Asbestos cases require a unique method and a persistent strategy to achieve success. We are regional, local and national counsel.
Statute of Limitations
The statute of limitations is a period within which lawsuits are required to be filed. For asbestos-related cases, that means the legal deadline for filing is between one and six years after a victim becomes diagnosed with an asbestos-related illness. For the defense it is crucial to prove that the claimed injury or death did not occur within this timeframe. Often, this means reviewing the entirety of the plaintiff's work history, including interviews with former colleagues and the careful examination of Social Security, union, tax and other records.
In defending asbestos cases, there are a variety of complex issues. For instance, asbestos-related victims are more likely to develop a less serious illness such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these cases the attorney representing the defense will argue the limitation period should start when the victim knew or ought to have known that exposure to asbestos causes their illness.
The difficulty of these cases is made more difficult by the fact that the time limit for filing a lawsuit may differ between states. In these instances, an experienced mesothelioma lawyer will attempt to present the case in the state in which the majority of the alleged exposure took place. This can be a daunting task, as asbestos victims typically travel around the country to find work, and the exposure could have occurred in a variety of states.
In addition, the process of discovery is a challenge in asbestos litigation. Contrary to other personal injury cases, which usually involve only a few defendants, asbestos-related litigation usually involves dozens or more parties. This means it can be difficult to get an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and involves several different defendants.
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 local and regional counsel to develop litigation strategies and manage local counsel and achieve consistent and cost-effective results in coordination with the client's goals. We regularly appear in front of the trial judge and the coordinating judge as and litigation masters across the country.
Bare Metal Defense
In the past, makers of boilers, turbines, pumps and valves have defended themselves against asbestos lawsuits using the "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts they did not manufacture or install.
In the case Devries v. Tennessee Eastman Chemical, the Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The plaintiff's job included the removal and replacement insulation, steam traps and gaskets from equipment, such as valves, pumps, and steam traps. He claimed that he had been exposed to asbestos during his work in 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 deal with 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 are not maritime.
This was the first time a federal appellate court used the bare-metal defense in an asbestos case, and it is a significant deviation from the standard law regarding product liability. Most courts have interpreted the "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 impact the entire industry. We help our client develop litigation strategies, manage local and regional counsel and ensure an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys speak at industry conferences on important issues that affect asbestos litigation. Our firm's experience includes defending clients in every state and collaborating with the coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven successful in reducing legal expenses for our clients.
Expert Witnesses
A person with specialized expertise, experience or knowledge can be an expert witness. They provide independent assistance to a judge by providing an objective opinion on matters that are within their field of expertise. He must clearly state the facts or assumptions upon which his opinion is based and should not be oblivious to look into matters that could affect his conclusions.
In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's illness and to determine if there is a causal connection between their condition and a known source of exposure. A lot of the diseases caused by asbestos are extremely complex, requiring the expertise of experts in the field. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.
Experts are there to offer unbiased technical assistance, regardless of whether they represent the prosecution or the defense. He should not act as an advocate or try to influence the jury to favor his client. The duty to the court supersedes his duties to his client, and he should not try to push an argument or seek evidence to back it.
The expert should work with the other experts to address any issues that are peripheral and reduce any technical issues. The expert should also work with the people who instruct him to pinpoint areas of agreement and disagreement for the joint declaration of expert ordered by the court.
After his main examination the expert must present his conclusions and the reasoning behind 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 points which are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to counsel and manage regional and national defense counsel as well as regional and local experts and witnesses. Our team is regularly in front of the asbestos litigation judges who coordinate across the country and also before trial judges and special Masters.
Medical Experts
Due to the issues of latency that occur between asbestos exposure and onset of symptoms, expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and involve hundreds or even dozens of defendants. Due to this, it's nearly impossible for a plaintiff to prove their case without the assistance of experts.
Norman asbestos lawsuits in the fields of medicine and other sciences are needed to evaluate the extent of an individual's exposure and their medical condition, as well as to give insight into the future health concerns. Experts like these are essential to any case and should be thoroughly checked and knowledgeable of the relevant field. The more experience an expert in science or medicine has the more convincing the expert is.
In a majority of 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 verify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.
It is possible to seek out other experts, like industrial hygienists to determine if there is asbestos exposure levels. They can use advanced analytical and sampling methods to compare airborne asbestos levels in a home or workplace to legal exposure standards.
These types of experts are also useful when defending companies who manufactured or distributed asbestos-related products, as they can often be able of proving that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of employer negligence or manufacturer liability.
Other experts who may be involved in these cases include occupational and environmental experts. They can provide insight into the safety procedures which are in place at a particular workplace or company and how they relate to the liability of asbestos producers. For instance, these experts can determine that materials used in renovation that are disturbed during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers release and then be inhaled.