Asbestos Litigation Defense
In order to defend companies against asbestos litigation in the future, it is essential to examine the medical records of the plaintiff as well as their work history, and testimony. We often use a bare metal defense, which focuses on proving that your company didn't manufacture or sell asbestos-containing products that are the subject of the claimant's lawsuit.
Asbestos cases require a unique approach and a tenacious strategy to achieve success. We are local, regional and national counsel.
Statute of Limitations
Most lawsuits must be filed within a specific time period, known as the statute of limitations. For asbestos cases, that means the legal deadline for filing is between one and six years after a person is diagnosed with an asbestos-related condition. In order to defend the case it is essential to prove that the alleged injury or death did occur within this deadline. This usually requires a thorough examination and analysis of the plaintiff's work history, including interviews of former coworkers, as well as an in-depth study of Social Security and union records and tax, tax, and other records.
The process of defending asbestos cases involves many complicated issues. Asbestos-related victims can develop a mild disease, such as asbestosis, before they are diagnosed with a fatal condition like mesothelioma. In these instances the defense attorney will argue that the limitation period should start when the victim was aware or ought to have known that exposure to asbestos causes the disease.
These cases are complicated due to the fact that the statute of limitations could vary from state to state. In these instances, an experienced mesothelioma lawyer will try to start the case in the state where the bulk of the alleged exposure occurred. This is a difficult job, since asbestos victims frequently travel across the country in search of work, and the exposure could have occurred in several states.
The discovery process is challenging in asbestos litigation. Cedar Rapids asbestos lawyer to other personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically includes dozens or more defendants. It can be difficult to obtain an accurate discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and binds multiple defendants.
The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with regional and local counsel to develop strategies for litigation and manage local counsel and achieve consistent and cost-effective results that align with the goals of our clients. We regularly appear before coordination and trial judges as well as litigation special masters, in jurisdictions across the country.
Bare Metal Defense
In the past, manufacturers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits by asserting 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 that they did not install or manufacture.
In the case Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment such as valves, pumps and steam traps. He claimed that he was exposed to asbestos during his time at the plant and was diagnosed with mesothelioma years later.
The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation and may influence the way the courts in other jurisdictions deal with the issue of third-party components manufacturers include in their equipment. The Court stated that this application of the bare-metal defense was "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.
This ruling was the first time a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and is an important departure from the traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a rejection of the obligation of a company to warn consumers about the harm caused by replacement parts they did not make 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 help our client develop litigation strategies, manage local and regional counsel, and achieve an effective, cost-effective and consistent defense in line with their goals. Our lawyers participate in conferences for industry professionals on the most important issues affecting 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 approach has been effective in decreasing our clients' risk and legal costs.
Expert Witnesses
A person with specific expertise, skills or experience can be an expert witness. They offer independent assistance to courts by providing an objective opinion on matters within their field of expertise. He should clearly state his views and the evidence or assumptions he's basing it on. He should also not overlook any aspect that could influence his conclusions.
In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the evaluation of the claimant's illness and to determine if there is a causal link between their condition and the identified source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of experts. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.
Experts are available to provide unbiased technical assistance, regardless of whether they are representing the prosecution or the defense. He should not assume the position of an advocate or seek to influence or persuade the jury to favor his client. The obligation to the court supersedes 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 collaborate with the other experts to address any peripheral issues and identify any technical issues. The expert should also collaborate with those who are instructing him to identify areas of agreement and discord for the joint declaration of the expert as ordered by the court.
The expert should finish his examination chief, explain his conclusions as well as the reasons behind the conclusions in a manner that is clear and understandable. He is expected to be able to respond questions from the prosecution or the judge and should be prepared to discuss any issues that are raised on cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can handle and advise national and regional defense counsel, as along with local regional, expert witnesses and experts. 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 latency issues that arise between asbestos exposure and the onset of symptoms Expert witnesses are a crucial part in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that span decades and involve dozens or even hundreds of defendants. It is nearly impossible for an individual to prove their case without the assistance of experts.
Medical and other scientific experts are essential to determine the extent of an individual's exposure, evaluate their medical conditions, and provide insight into possible health issues that could arise in the future. These experts are crucial to any case, and they must be thoroughly checked and educated about the subject. The more experience an expert in medicine or science has, the more persuasive he will be.
Asbestos cases typically require a medical or scientific expert to analyze the medical records of the plaintiff and conduct a physical examination. Experts can testify to whether exposure to asbestos was enough to cause a particular medical condition like mesothelioma or lung cancer, or other types of scarring in the lungs and respiratory tract (e.g., pleural plaques).
Other experts such as industrial hygienists may be required to aid in determining the existence of asbestos-related exposure levels. They can employ advanced analytical and sampling methods to determine the amount of asbestos in the air at the workplace or at home with the standards for exposure that are legally required.
They can be valuable in defending companies who produce or distribute asbestos-related products. They are often capable of proving that plaintiffs' exposure levels were lower than the limits set by law, and that there was not evidence of negligence by the employer or product manufacturer responsibility.
Other experts who may be involved in these cases are environmental and occupational specialists. They can provide information into the safety protocols that exist at a particular work site or company and how they are related to the liability of asbestos manufacturers. For instance, these experts can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos, or that shaking out contaminated clothing could cause asbestos fibers to release and be inhaled.