Asbestos Litigation Defense
In order to defend businesses against asbestos-related lawsuits, it is necessary to look into the plaintiff’s medical records, work history, and testimony. We typically employ a naked metal defense that focuses on the fact that your company didn’t make, sell, or distribute asbestos-containing products that are the subject of the claimant’s lawsuit.
Asbestos cases require an exclusive method and a persistent strategy to achieve success. We are local, regional, and national counsel.
Statute of limitations
The statute of limitations is a period within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related disease. In order to defend the case it is crucial to establish that the alleged injury or death did occur within this deadline. In most cases, this involves conducting a thorough review of the plaintiff’s work background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other documents.
Defending an asbestos case involves several complex issues. For instance, asbestos victims typically develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue the statute of limitation should begin when the victim was aware or should have reasonably known that asbestos exposure caused their illness.
The complex nature of these cases is also made more difficult by the fact that the time limit for filing a lawsuit may vary between states. In these cases a mesothelioma lawyer who is experienced will attempt to bring the case in the state where most of the alleged exposure occurred. This can be a challenging job, since asbestos victims frequently travel across the country looking for jobs, and the alleged exposure could have occurred in several states.
The discovery process can be difficult in asbestos litigation. In contrast to other types of personal injury cases, which usually involve only a few defendants, asbestos-related litigation typically involves a number of parties. It is often difficult to obtain meaningful discovery when there are many defendants and the plaintiff’s theory is spanning decades.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with regional and local counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results, in coordination with the goals of the client. We regularly appear in front of coordinating and trial judge, as and litigation masters across the country.
Bare Metal Defense
In the past, makers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits by arguing the “bare metal” doctrine or the component part doctrine. This defense states that a company cannot be held responsible for asbestos-related injuries caused by replacement components that the company did not make or install.
In the case of Devries, an employee of an Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. Plaintiff’s job entailed the removal and replacement of steam traps, insulation and gaskets for equipment like valves, pumps and steam traps (Equipment Defendants). He claimed that asbestos was ingested when working at the plant, and was diagnosed with mesothelioma a few years later.
The Supreme Court’s Devries decision has altered the legal landscape for asbestos litigation and may influence the way courts in other jurisdictions approach the issue of third-party parts that manufacturers incorporate into their equipment. The Court declared that the application of the bare-metal defense was “cabined” in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that are not maritime.
This was the first time a federal appellate court applied the”bare-metal” defense in an asbestos case, and it’s a significant deviation from the standard law regarding product liability. Most courts have interpreted the “bare metal” defense as a rejection of the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts that it did not create or sell.
The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop strategies for litigation, oversee regional and local counsel and achieve an effective, cost-effective and consistent defense that is in line with their goals. Our attorneys also speak at industry conferences about important issues that influence asbestos class action litigation litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven successful in decreasing our clients’ risk and legal costs.
Expert Witnesses
An expert witness is a person who has specialized expertise, knowledge or experience and offers independent assistance to the court by way of an impartial opinion on matters of his area of expertise. He must clearly state the facts or assumptions upon which his opinions are based and should not omit to consider matters which might affect his conclusions.
In cases involving allegations of exposure to asbestos, medical professionals are often called upon to assist in the evaluation of the claimant’s health and to determine if there is a connection between their condition and a known source of exposure. A lot of the illnesses that are caused by asbestos exposure litigation are complicated and require the expertise of experts. This could include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists and pharmacists.
If it’s the defense or prosecution the role of an expert is to provide impartial technical assistance. He should not assume the position of an advocate or seek to influence or convince the jury to support his client. He should not attempt to convince the jury or advocate for an argument.
The expert should co-operate with the other experts when trying to resolve any technical issues at a very early stage and eliminate any peripheral matters. The expert should also work with those instructing him in identifying areas of agreement and disagreement for the purpose of the joint declaration of experts ordered by the court.
The expert must, at the end of his examination chief, discuss his conclusions as well as the reasons for the conclusions in a manner that is easy to understand and clear. He should be prepared to answer questions posed by the prosecution or judge, and be willing to answer all questions raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to counsel and manage regional and national defense counsel as well as regional and local experts as well as witnesses. Our team is regularly in front of trial judges, coordinating judges and special masters in asbestos litigation across the country.
Medical Experts
Expert witnesses are extremely important in cases which involve asbestos-related injuries due the latency between exposure to asbestos defense litigation; visit www.adsoftheworld.com here >>, and the beginning symptoms. Asbestos cases frequently involve complex theories of injury that span decades and link hundreds or even dozens of defendants. Due to this, it’s nearly impossible for a plaintiff to establish their case without the help of experts.
Experts in medicine and other sciences are required to assess the extent of an individual’s exposure and medical condition as well as to provide information on future health concerns. These experts are crucial to any case, and should be thoroughly vetted and educated about the subject. The more experience an scientist or Asbestos defense litigation doctor has, the more persuasive the expert is.
In many asbestos cases a medical expert or scientist is required to examine the records of the claimant as well as perform an examination. These experts can testify whether asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.
Other experts like industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced analytical and sampling techniques to determine the amount of asbestos litigation cases in the air at a workplace or home to the legal exposure standards.
These experts can be very useful in defending companies that produce or distribute asbestos-related products. They are usually in a position to prove that plaintiffs’ exposure levels were below the legal limits and that there was no evidence of negligence on the part of the employer or manufacturer liability for the product.
Other experts in these cases include occupational and environmental specialists who can offer insights into the quality of safety procedures at a particular work site or company and how these protocols are related to asbestos manufacturers’ liability. These experts can be able to, for instance, prove that the materials used in the course of a remodel could contain asbestos litigation paralegal or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to be released.