Asbestos Litigation Defense
In order to defend businesses against asbestos litigation, it is necessary to look into the medical records of the plaintiff, work history and witness. We typically employ a naked metal defense that focuses on arguing your company didn't make or sell asbestos-containing products that are that are the subject of the claimant's lawsuit.
Asbestos cases are distinct and require a determined strategy to achieve success. We are regional, local and national counsel.
Statute of limitations
The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases the deadline for filing a lawsuit is between one and 6 years after a victim is diagnosed with an asbestos-related condition. It is essential for the defense to show that the injury was sustained after the deadline. This typically requires a thorough review and analysis of the plaintiff's work history, including interviews of former coworkers, as well as a thorough examination of Social Security and union records and tax, tax, and other documents.
Defending asbestos cases involves many complicated issues. For instance, asbestos victims typically suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these situations, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably ought to have known that their exposure to asbestos triggered the disease.
The complexity of these cases is complicated by the fact that the time limit for filing a lawsuit may differ between states. In these cases, an experienced lawyer for mesothelioma will try to file the case in a state where the majority of the exposure alleged to have taken place. This is a difficult task, as asbestos victims frequently travel across the country in search of work, and the exposure could have occurred in a variety of states.
The process of establishing the facts can be a challenge in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants as in most cases, there are typically several people involved. This means it can be hard to find a meaningful discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and connects several different 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 collaborate closely with local and regional counsel to develop strategies for litigation, manage local counsel, and produce consistently cost-effective results in coordination with client goals. We frequently appear before coordinating and trial judge, as also litigation masters across the nation.
Bare Metal Defense
In the past, producers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by asserting what is known as "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts they did not manufacture or install.
In the case of Devries, an employee of the Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment, such as valves, pumps, and steam traps. 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 could affect how courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. 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 a case involving asbestos, and it's a major departure from the traditional product liability laws. Manchester asbestos lawyer of courts have interpreted the "bare metal" defense as a rejection of the obligation of a manufacturer to warn of the dangers caused by replacement parts it did not create or sell.
The McGivney, Kluger, Clark & Intoccia Team regularly 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 industry conferences about key issues affecting asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique approach has been effective in reducing our clients' exposure and legal costs.
Expert Witnesses
An expert witness is one who is specialized in his expertise, knowledge or experience and offers independent assistance to the court in the form of unbiased opinion concerning matters within his field of expertise. He should clearly state the facts or assumptions upon which his opinions are based and should not omit to look into matters that might affect his conclusions.
In the event that asbestos exposure is claimed medical experts may be required to assess the claimant's health and determine any causal link between the condition and the identified source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health professionals.
Experts are available to provide unbiased technical assistance, regardless of whether they represent the prosecution or the defense. He should not serve as an advocate or try to influence the jury to favor his client. He should not attempt to convince the jury or promote an argument.
The expert should work with the other experts to eliminate any peripheral issues and narrow down any technical issues. The expert should also work with those who instruct him to determine areas of agreement and disagreement in the joint statement of the expert as ordered by the court.
The expert should, at the end of his examination chief, discuss his conclusions and the reasons behind the conclusions in a manner that is easy to understand and clear. He should be ready to answer questions posed by the judge or prosecution and be prepared 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 counsel and manage national and regional defense counsel, as well as local and regional experts and witnesses. Our team regularly appears before the coordinating judges, trial judges, and special masters of asbestos litigation across the nation.
Medical Experts
Due to the latency issues that arise between asbestos exposure and appearance of symptoms Expert witnesses play an extremely important 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. Because of this, it is almost impossible for a plaintiff to prove their case without the help of experts.
Experts in medicine and other sciences are required to determine the extent of an individual's exposure and medical condition, and also to give insight into the future health concerns. These experts are crucial to any case and should be thoroughly checked and knowledgeable of the subject matter. The more experience the medical or scientific expert has the more persuasive they'll be.
In a majority of asbestos cases, an expert in medicine or a scientist is required to review the records of the claimant as well as perform an examination. Experts can verify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.
Other experts, such as industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can use advanced analytical and sampling methods to determine the amount of asbestos in the air at a workplace or home with the standards for exposure that are legally required.
These experts can be very valuable in defending companies who produce or distribute asbestos-related goods. They often are capable of proving that the levels of exposure for plaintiffs were not in the range of legal limits, and that there was no evidence of negligence on the part of the employer or manufacturer liability for the product.
Other experts that could be involved in these cases are occupational and environmental experts. They can provide insight into the safety procedures that are in place at a specific workplace or business, and how they relate to the liability of asbestos producers. They can be able to, for instance, prove that renovation materials damaged during the course of a remodel could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to be released.