Asbestos Litigation Defense
In order to defend businesses against asbestos litigation 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 employ a naked metal defense that focuses on the fact that your company did not manufacture, sell, or distribute asbestos-containing products at issue in the claimant's lawsuit.
Asbestos cases require a unique method and a persistent approach to achieve successful results. We are local, regional and national counsel.
Statute of limitations
The statute of limitations is a time limit within which lawsuits are required to be filed. In asbestos cases, the deadline for filing an action is between one and six years after a victim is diagnosed with an asbestos-related condition. For the defense it is crucial to establish that the alleged injury or death did occur within this timeframe. Often, this means conducting a thorough review of the plaintiff's employment history, including interviews with former colleagues and the careful review of Social Security, union, tax and other records.
The process of defending asbestos cases involves various complex issues. Asbestos-related victims can develop a less severe disease, such as asbestosis, before being diagnosed with a fatal condition such as mesothelioma. In these cases, a defense attorney will argue that the limitation period should begin when the person who suffers from asbestos knew or reasonably ought to have realized that their exposure to asbestos caused the disease.
These cases are made more complex by the fact the statute of limitations could differ 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 can be a daunting job, since asbestos victims typically travel around the country looking for work, and the exposure could have occurred in multiple states.
The process of discovery isn't always easy in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are usually many parties involved. This means it is often difficult to obtain meaningful discovery in these cases, particularly when the plaintiff's claim 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, multi-jurisdictional, asbestos litigation. We work closely with regional and local counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results in line with the client's goals. We regularly appear before coordinating and trial judges and special masters of litigation across the country.
Bare Metal Defense
In the past, manufacturers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or component part doctrine. This defense asserts that a manufacturer is not liable for asbestos-related injury caused by replacement parts they did not manufacture or install.
In the case of Devries, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment like pumps, valves and steam traps. He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with mesothelioma a few years afterward.
The Supreme Court's decision in Devries has changed the course of asbestos litigation, and could impact the way courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this context is "cabined" to maritime law, but left open the possibility that other federal circuits might apply this principle 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's a major departure from the traditional law regarding product liability. The majority of courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to warn about the potential harms caused by replacement parts it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We assist our clients in developing strategies for litigation, oversee local and regional counsel and provide an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys also present at industry conferences about key issues affecting 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 method has proven successful in cutting down on our clients' exposure and legal costs.
Expert Witnesses
An expert witness is a person who has specialized skills, experience or knowledge and can provide independent advice to the court by way of an objective opinion regarding matters of his area of expertise. He must clearly state the facts or assumptions upon the basis of his opinion and should not omit to look into matters that could detract from his concluded opinions.
In cases that involve allegations of exposure to asbestos, medical professionals are often called upon to assist in the assessment of the claimant's condition and the determination of any causal link between their condition and an identified source of exposure. Many of the illnesses that are caused by asbestos are complex, requiring the expertise of experts in the field. This can include nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists and pharmacists.
Experts are there to offer an impartial technical support, whether they are representing the prosecution or the defense. He is not expected to assume the role of an advocate or seek to influence or convince a jury in favour of his client. He should not try to convince jurors or make an argument.
The expert should co-operate with the other experts when attempting to narrow any technical issues at a very early stage and eliminate any irrelevant matters. The expert should also work with the people who instruct him to determine areas of agreement and disagreement for the joint statement of the expert as ordered by the court.
After his chief examination the expert must explain his conclusions and the reasons behind them in a clear and easy-to-understand way. He should be prepared to answer any questions from the prosecution or judge, and be prepared to answer all questions that are raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to advise and manage national and regional 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 nation as well as trial judges and special Masters.
Medical Experts
Expert witnesses are vital in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and the beginning symptoms. Parma asbestos lawyer involve complex theories of injury that span decades and involve hundreds or even dozens of defendants. Because of this, it's nearly impossible for a plaintiff to establish their case without the assistance of experts.
Experts in the fields of medicine and other sciences are needed to evaluate the extent of a person's exposure and medical condition, as well as provide insight into future health concerns. Experts like these are essential to any case and must be well-vetted and familiar with the relevant field. The more experience an scientist or doctor has, the more persuasive they is.
Asbestos cases often require an expert in science or medicine to examine the medical records of the claimant and conduct a physical examination. These experts can testify as to whether the claimant's exposure asbestos was enough to cause a specific medical condition like mesothelioma or lung cancer, or any other form of scarring that affects the respiratory tract and lungs (e.g. plaques in the pleural cavity).
It could be necessary to consult other experts, like industrial hygienists to determine the presence of asbestos exposure levels. They can use advanced sampling and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare these to legal exposure standards.
Experts of this kind can also prove valuable when defending companies who manufactured or distributed asbestos-related products as they are often capable of demonstrating that the levels of exposure of plaintiffs were lower than the legal limit and that there was no evidence of negligence by the employer or manufacturer responsibility.
Other experts in these instances include environmental and occupational specialists who can offer insights into the quality of safety protocols at a specific workplace or company, and how they relate to the liability of asbestos manufacturers. These experts can determine, for instance, that renovation materials disturbed in a remodel project may contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to escape.