What NOT To Do In The Asbestos Litigation Defense Industry

Asbestos Litigation Defense

In order to defend businesses against asbestos litigation, it is necessary to review the medical records of the plaintiff, work history, and testimony. We typically use a bare metal defense that focuses on the fact that your company didn't make, sell, or distribute asbestos-containing products in the plaintiff's lawsuit.

Asbestos cases are special and require a tenacious strategy to achieve success. We serve as local counsel, regional and national.

Statute of limitations

The majority of lawsuits have to be filed within a certain time frame, also known as the statute of limitations. For asbestos cases, this means that the statutory deadline for filing is between one and six years after a person is diagnosed with an asbestos-related illness. It is crucial for the defense to show that the injury was sustained after the deadline. Often, this requires conducting a thorough review of the plaintiff's employment background, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.

The process of defending an asbestos case involves several complex issues. Asbestos-related victims can develop a mild disease, such as asbestosis, before they are diagnosed with a fatal illness like mesothelioma. In these cases the attorney representing the defense will argue that the limitation period should start when the victim knew or should have reasonably known that exposure to asbestos causes their illness.

These cases are complicated due to the fact that the statute of limitations can differ from state to state. In these cases, an experienced mesothelioma lawyer will attempt to bring the case in the state where the bulk of the exposure alleged occurred. This can be a challenging task as asbestos sufferers frequently travel across the country in search of jobs, and the alleged exposure could have occurred in several states.

The discovery process can be difficult 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 many people involved. It can be difficult to obtain relevant discovery when there are multiple defendants and the plaintiff's theory stretches over decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to develop a strategy for litigation as well as manage local counsel and achieve consistent, cost-effective results in line with the client's goals. We regularly appear before coordinating and trial judge, as and litigation masters across the country.

Bare Metal Defense

The past has seen manufacturers of boiler, turbine and pump equipment have sought to defend themselves in asbestos litigation by claiming the defense referred to as the "bare metal" or component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries resulting from replacement parts they did not design or manufacture.

In the case of Devries, a worker at a Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps and gaskets from equipment like pumps, valves, and steam traps. He claimed that he was exposed to asbestos while working in the plant and was diagnosed with Mesothelioma many years afterward.

Virginia Beach asbestos attorneys  in Devries has changed the course of asbestos litigation and could impact the way courts in other jurisdictions handle 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 case is "cabined" to maritime law, but left open the possibility that other federal circuits could apply this principle to non-maritime cases also.

This decision was the first time an appeals court of the federal level has used the defense of bare metal in an asbestos lawsuit, and represents an important departure from the traditional product liability law. The majority of courts have interpreted "bare metal" as a rejection of the obligation of a maker to warn about the dangers posed by replacement parts it did not make 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 help our clients develop strategies for litigation, oversee local and regional counsel, and provide consistent, cost-effective defense in coordination with their goals. Our lawyers also speak at industry conferences on key issues affecting asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating closely with coordinating judges, trial courts and litigation special masters. Our unique approach has proven to be effective in reducing legal spend for our clients.

Expert Witnesses

A person who has specialized expertise, skills or experience can be an expert witness. They provide impartial assistance to a court by offering an impartial opinion on matters within their area of expertise. He should be able to clearly express his views and the evidence or assumptions that he is basing it on. He should not overlook any aspect that could affect his conclusions.

In the event that asbestos exposure is claimed medical experts could be required to assess the claimant's condition and to determine any causal links between the condition and the identified source of exposure. Many of the illnesses associated with asbestos are very complex, and require the expertise of specialists in the field. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health professionals.

Whether it is the prosecution or defence the expert's job is to provide impartial technical assistance. He should not assume the position of an advocate and should not try to influence or persuade the jury to favor his client. He should not try to convince jurors or promote an argument.

The expert should collaborate with the other experts to resolve any issues that are peripheral and identify any technical issues. The expert should also collaborate with those who instruct him to identify areas of agreement and discord for the joint declaration of the expert commissioned by the court.

After his main examination the expert must be able to explain his findings and the reasons behind them in a clear and understandable way. He should be prepared to answer questions from either the prosecution or judge, and be willing to discuss all issues that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can advise and manage national and regional defense counsel, as well as local and regional experts and witnesses. Our team regularly appears before coordinating judges in asbestos litigation across the country as well as trial judges and special Masters.

Medical Experts

Expert witnesses are vital in cases which involve asbestos-related injuries due the latency between exposure to asbestos and the initial symptoms. Asbestos cases typically involve complicated theories of injury that stretch for decades and connect hundreds or even dozens of defendants. Due to this, it's nearly impossible for a plaintiff to prove their case without the help of experts.

Medical and other experts in the field are required to determine the extent of a person's exposure, evaluate their medical conditions and offer insight into potential future health problems. These experts are crucial to any case and must be well-vetted and familiar with the field of study. The more experience an expert in medicine or science has the more convincing they is.

Asbestos cases often require an expert from a medical or scientific field to analyze the medical records of the plaintiff and conduct a physical examination. Experts can testify to whether the claimant's exposure asbestos was enough to trigger a specific medical condition such as mesothelioma, lung cancer, or other types of scarring that affects the respiratory tract and lungs (e.g. plaques in the pleural cavity).

Other experts, such as industrial hygienists could be required to aid in determining the existence of asbestos-related exposure levels. They can utilize advanced analytical and sampling techniques to determine the amount of asbestos in the air at the workplace or at home to the legal exposure standards.

These experts can be valuable in defending companies who produce or distribute asbestos-related goods. They are usually able to demonstrate that the exposure levels of plaintiffs were below the legal limits and that there was not evidence of negligence by the employer or the responsibility of the manufacturer of the product.

Other experts who could be involved in these instances are environmental and occupational specialists. They can provide insights into the safety guidelines which are in place at a particular workplace or company and how they connect to the liability of asbestos manufacturers. For instance, they can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers release and then be inhaled.