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asbestos lawyer Litigation Defense

Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's work history as well as medical records and evidence. We often use the bare metal defense, which is based on the argument that your company didn't manufacture or sell the asbestos-containing products in question in a claimant's case.

Asbestos cases are distinct and require an aggressive approach to achieving successful results. We are regional, local, and national counsel.

Statute of limitations

Most lawsuits must be filed within a specified time period, known as the statute of limitations. In asbestos cases the deadline to file a lawsuit is between one and six years after a person is diagnosed with an asbestos-related illness. To defend it is crucial to establish that the alleged injury or death did not occur within this timeframe. Often, this requires conducting a thorough review of the plaintiff's work background, including interviews with former coworkers and the careful review of Social Security, union, tax and other records.

In defending an asbestos-related case, there are a number of complex issues. For example, asbestos victims are more likely to suffer from a less serious disease such as asbestosis before being diagnosed with a fatal illness such as mesothelioma. In these situations, a lawyer for defense will argue that the statute of limitations should start when the victim knew or reasonably should have known that their asbestos lawsuit exposure caused the disease.

The difficulty of these cases is complicated by the fact that the time limit for filing a lawsuit may differ between states. In these cases a mesothelioma lawyer who is experienced will attempt to file the case in the state where the bulk of the exposure alleged occurred. This can be a challenging job, since asbestos victims frequently travel across the country to find work, and the exposure could have occurred in a variety of states.

Finally, the discovery process is a challenge in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are usually dozens of parties involved. It can be hard to obtain relevant evidence in these cases, especially when the plaintiff's theory of injuries spans decades and connects multiple defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to develop strategies for litigation and manage local counsel and ensure consistent and cost-effective results in coordination with client goals. We regularly appear before coordination and trial judges as well as special masters of litigation across the nation.

Bare Metal Defense

In the past, manufacturers of boilers, turbines, valves and pumps have defended themselves from asbestos lawsuits by asserting the "bare metal" doctrine or the component part doctrine. This defense states that a company cannot be held liable for asbestos-related injuries caused by replacement components that the company did not make or install.

In the case of Devries, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on equipment like valves, pumps and steam traps (Equipment defendants). He claimed he was exposed to asbestos during his time at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's decision in Devries has altered the face of asbestos litigation and may impact how courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court declared that the use of the bare metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits could apply this doctrine to cases that are not maritime as well.

This was the first time that a federal appellate court ruled on the bare-metal defense in an asbestos case, and it's a major deviation from the standard law regarding product liability. The majority of courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to inform about 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 help our client develop strategies for litigation, oversee regional and local counsel, and provide an efficient, cost-effective defense in line with their goals. Our lawyers also speak at conferences for industry professionals on the important issues that influence asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has proven to be effective in reducing legal costs for our clients.

Expert Witnesses

A person with specialized expertise, experience or knowledge can be an expert witness. They provide independent assistance to courts by offering an impartial opinion on issues within their expertise. He should clearly state his views and the evidence or assumptions he's basing it on. He should also not ignore any factors that could affect his conclusions.

In cases involving allegations of exposure to asbestos, medical experts are often required to assist in the assessment of the claimant's illness and to determine if there is a causal link between their condition and a known source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of specialists. This includes nurses and doctors, pharmacists, toxicologists or epidemiologists, occupational health specialists and pharmacists.

Whether it is the prosecution or defence, an expert's role is to provide objective technical assistance. He should not act as an advocate or attempt to influence the jury to favor his client. The duty to the court overrides the obligations he has to his client. He should not attempt to support an argument or seek evidence to back it.

The expert should work with the other experts in trying to resolve any technical issues at an early stage and eliminate any peripheral issues. The expert should also work with those instructing him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint statement of experts commissioned by the court.

The expert should at the conclusion of his examination chief, explain his conclusions and the reasons behind them in a manner that is clear and understandable. He is expected to be able to respond questions from the prosecution or the judge and be prepared to address any points which are raised on cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can assist and manage national and regional defense counsel and regional and local experts and witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the nation and also before trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and appearance of symptoms experts play a significant role in any case involving an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that span decades and involve hundreds or dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Experts in the fields of medicine and other sciences are needed to evaluate the extent of an individual's exposure and medical condition, as well as to provide insight into future health issues. Experts like these are essential to any case and must be thoroughly vetted and knowledgeable about the relevant field. The more experience a medical or scientific expert has, the more persuasive they'll be.

In many asbestos attorney cases a medical expert or scientist is required to look over the records of the claimant as well as perform an examination. Experts can testify to whether the claimant's exposure to asbestos was sufficient to cause a specific medical condition like mesothelioma or lung cancer, or any other form of scarring in the respiratory tract and lungs (e.g. plaques in the pleural cavity).

It may be necessary to consult other experts, like industrial hygienists to determine if there is asbestos exposure levels. They can utilize advanced sampling and analytical techniques to assess the levels of asbestos in the air in a home or workplace and compare them to the legal exposure standards.

These experts can be beneficial in defending companies that produce or distribute asbestos-related goods. They often are in a position to prove that plaintiffs' exposure levels were lower than the limits set by law and that there was no evidence of negligence by the employer or the responsibility of the manufacturer of the product.

Other experts who may be involved in these instances are occupational and environmental experts. They can provide insight into the safety guidelines that exist at a particular workplace or business and how they connect to the liability of asbestos manufacturers. These experts can, for example, establish that renovation materials disturbed in the course of a remodel could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to be released.