latest asbestos litigation Litigation Defense

In order to defend companies against asbestos litigation in the future, it is essential to examine the medical records of the plaintiff, work history and witness. We often use a bare metal defense that focuses on the fact that your company didn't manufacture or sell asbestos-containing products in the plaintiff's lawsuit.

Asbestos cases are distinct and require a tenacious 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 the majority of lawsuits have to be filed. For asbestos cases, this means that the deadline for filing a lawsuit is between one and six years after a victim is diagnosed with an asbestos-related condition. It is important for the defense to show that the injury occurred within the timeframe. Often, this means reviewing the entirety of the plaintiff's work history, which includes interviews with former colleagues and the careful review of Social Security, union, tax and other documents.

The process of defending an asbestos case involves many complicated issues. For example, asbestos victims often suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness such as mesothelioma. In these instances an attorney for defense will argue that the limitation period should begin when the victim knew or reasonably ought to have known that their exposure to asbestos caused the disease.

The complex nature of these cases is also made more difficult by the fact that the statute of limitations may vary between states. In these instances, an experienced mesothelioma lawyer will attempt to bring the case in the state where the bulk of the alleged exposure occurred. This can be a daunting task, as asbestos victims typically travel around the country specializes in asbestos litigation; read this article, search of work, and the exposure could have occurred in several states.

The discovery process is challenging in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are typically several parties involved. It can be difficult to get significant discovery when there are multiple defendants, and the plaintiff's case stretches over decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience 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 produce consistently cost-effective results while coordinating with client goals. We regularly appear before coordinating and trial judges, as well as litigation special masters, across the country.

Bare Metal Defense

In the past, producers of boilers, turbines pumps and valves have defended themselves against asbestos lawsuits by arguing the "bare metal" doctrine or [Redirect-302] the component part doctrine. This defense states that a company is not responsible for asbestos-related injury caused by replacement parts they did not manufacture or install.

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

The Supreme Court's decision in Devries has altered the face of asbestos litigation, and may impact how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court said that this use 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.

This was the first time that a federal appellate court ruled on the bare-metal defense in an asbestos case, and it's a significant departure for traditional law regarding product liability. Most courts have interpreted "bare metal" as a rejection of the obligation of a manufacturer to warn about the potential harms caused by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop strategies for litigation, manage local and regional counsel and ensure an effective, cost-effective and consistent defense in line with their goals. Our lawyers also speak at industry conferences about major issues shaping 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 method has proven successful in decreasing our clients' risk and legal costs.

Expert Witnesses

A person with specialized knowledge, skills or experience can be an expert witness. They offer independent assistance to a judge by providing an unbiased opinion on matters that are within their expertise. He must clearly state the facts or assumptions upon which his opinion is based and must not fail to consider issues that might affect his opinions.

In cases where asbestos exposure is claimed, medical experts may be required to evaluate the claimant's condition and identify any causal connections between the condition and the alleged source of exposure. A lot of the diseases associated with asbestos are very complex, and require the expertise of experts in the field. This includes doctors and nurses pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

If it's the prosecution or defence, an expert's role is to provide objective technical assistance. He is not expected to assume the role of an advocate and should not try to influence or convince the jury in favour of his client. The duty to the court overrides the obligations he has to his client and he should not attempt to promote an argument or locate evidence to support it.

The expert should co-operate with the other experts in attempting to reduce any technical issues at a very early stage and eliminate any peripheral issues. The expert should also collaborate with the people who instruct him to determine areas of agreement and disagreement for the joint declaration of the expert as ordered by the court.

At the conclusion of his chief examination the expert should be able to present his conclusions and the reasons for them in a clear and comprehensible way. He should be prepared to answer questions from the prosecution or the judge and be prepared to discuss any issues that are raised on cross-examination.

Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can assist and manage national and regional defense counsel, as well as local and regional experts and witnesses. Our team is regularly in front of the asbestos litigation judges who coordinate across the country, as well as trial judges and special Masters.

Medical Experts

Due to the issues of latency that occur between asbestos exposure and the beginning of symptoms Expert witnesses are a crucial part in any case that involves an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that span decades and involve hundreds or dozens of defendants. Due to this, it's nearly impossible for a plaintiff to establish their case without the assistance of experts.

Medical and other experts in the field are necessary to assess the extent of a claimant's exposure, evaluate their medical conditions and provide information about the possibility of future health issues. These experts are crucial to any case, and should be thoroughly vetted and educated in the field they are working in. The more experience an scientist or doctor has, the more persuasive the expert what is asbestos litigation.

In many asbestos cases, an expert in medicine or a scientist is required to examine the records of the claimant as well as perform an examination. Experts can testify to whether the claimant's exposure to asbestos was enough to trigger a specific medical condition like mesothelioma, lung cancer, or other forms of scarring on the lungs and respiratory tract (e.g. plaques in the pleural cavity).

Other experts, such as industrial hygienists might also be needed to assist in establishing asbestos-related exposure levels. They can use advanced analytical and sampling techniques to evaluate the asbestos concentrations in the air at a workplace or home with the standards for exposure that are legally required.

They can be beneficial in defending companies that produce or distribute asbestos litigation online-related goods. They are usually in a position to prove 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 product manufacturer responsibility.

Other experts in these cases include occupational and environmental specialists who can provide insights on the safety procedures at a particular workplace or business and how they are related to the liability of asbestos manufacturers. For instance, these experts can establish that the materials damaged during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and then be inhaled.