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 a bare metal defense that focuses on arguing your company did not manufacture, sell, or distribute asbestos-containing products in the plaintiff's lawsuit.

Asbestos cases require an exclusive approach and a tenacious approach to get results. We are regional, local, and national counsel.

Statute of Limitations

The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases the deadline for filing a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related disease. To defend it is essential to establish that the alleged accident or death did not occur prior to this deadline. Often, this means reviewing the entirety of the plaintiff's employment history, which includes interviews with former coworkers and the careful examination of Social Security, union, tax and other documents.

In defending an asbestos-related case, there are a number of complex issues. For instance, asbestos-related victims are more likely to suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease like 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 the disease.

The complexity of these cases is made more difficult by the fact that the statute of limitations may vary between states. In these cases, an experienced mesothelioma lawyer will attempt to present the case in the state where the bulk of the exposure alleged to have taken place. This can be a challenging task since asbestos sufferers frequently moved around the country in search of work, and the alleged exposure may have taken place in multiple states.

Finally, the discovery process is difficult in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are often dozens of people involved. It can be difficult to obtain meaningful discovery when there are many defendants and the plaintiff's claim is spanning decades.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos lawsuit litigation that spans multiple jurisdictions. We collaborate closely with local and regional counsel to devise strategies for litigation and manage local counsel and achieve consistently cost-effective results in coordination with the goals of our clients. We regularly appear in front of coordinating and trial judge, as and litigation masters across the country.

Bare Metal Defense

In the past, producers of boilers, turbines, pumps and valves have defended themselves against Asbestos lawsuits - posteezy.com, using the "bare metal" doctrine or the component part doctrine. This defense states that a company is not liable for asbestos-related injuries resulting from replacement parts that they did not design or manufacture.

In the case of Devries v. Devries, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps, and gaskets from equipment, such as pumps, valves and steam traps. He claimed he was exposed to asbestos when working at the plant and was diagnosed with mesothelioma a few 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 the application of the bare-metal defense in this context is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits could apply this doctrine to non-maritime cases, as well.

This was the first time that a federal appellate court used the bare-metal defense in an asbestos case, and it is a significant deviation from the standard product liability laws. The majority of courts have understood "bare metal" as a rejection of the obligation of a manufacturer to inform about the potential harms caused by replacement parts it did not make or sale.

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 provide consistent, cost-effective defense in coordination with their objectives. Our lawyers speak at industry conferences on major issues that affect asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating with the 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 specialized knowledge, skills or experience is an expert witness. They provide independent assistance to a judge by offering an impartial opinion on issues within their area of expertise. He must be able to clearly articulate the facts or assumptions on which his opinion is based and should not be oblivious to consider matters which could affect his opinions.

In the event that asbestos exposure is suspected medical experts may be required to assess the claimant's health and determine any causal link between the condition and the alleged source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of specialists in the field. This could include nurses and doctors pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists, and pharmacists.

In the event of a prosecution or defence the expert's job is to provide impartial technical assistance. Experts should not be an advocate or attempt to influence the jury in favor of his client. The obligation to the court is greater than the obligations he has to his client. He should not try to push a particular argument or find evidence to justify it.

The expert should work with the other experts to address any peripheral issues and narrow down any technical issues. The expert should also collaborate with those who are instructing him to identify areas of agreement and discord for the joint statement of the expert as ordered by the court.

At the conclusion of his main examination the expert should be able to explain his conclusions and the reasons behind them in a clear and easy-to-understand way. He should be prepared to answer questions posed by the prosecution or judge, and be able to answer all questions that are raised during cross-examination.

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

Medical Experts

Due to the issues of latency that occur between asbestos exposure and the beginning of symptoms experts play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that span decades and connect hundreds or dozens of defendants. This is why it is almost impossible for a plaintiff to prove their case without the help of experts.

Medical and other experts in the field are required to determine the extent of a person's exposure, evaluate their medical conditions, and provide insight into the possibility of future health issues. These experts are crucial to any case and must be well-vetted and familiar with the field of study. The more experience the medical or scientific expert has the more convincing they will be.

Asbestos cases typically require an expert from a medical or scientific field to analyze the claimant's medical records and conduct a physical examination. These experts can testify as to whether exposure to asbestos was enough to trigger a particular medical condition like mesothelioma or lung cancer, or other forms of scarring on the respiratory tract and lungs (e.g. plaques in the pleural cavity).

Other experts such as industrial hygienists could be required to aid in determining the existence of asbestos-related 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 valuable in defending companies who produce or distribute asbestos-related goods. They are usually 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 manufacturer liability for the product.

Other experts in these instances include environmental and occupational experts who can provide insight into the adequacy of safety procedures at a particular work site or company and how they are related to the liability of asbestos manufacturers. These experts could be able to, for instance, prove that the materials used in the course of a remodel could contain asbestos lawyer, or that shaking contaminated clothing could cause asbestos lawsuit fibers and asbestos dust to be released.