Asbestos 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 typically employ a naked metal defense that focuses on the fact that your company didn't manufacture or sell asbestos-containing products that are the subject of the claimant's lawsuit.
Asbestos cases are unique and require a determined approach to achieving successful results. We are regional, local, and national counsel.
Statute of Limitations
The majority of lawsuits must be filed within a certain time frame, also known as the statute of limitations. In asbestos cases the deadline to file a lawsuit is between one and 6 years after the victim is diagnosed with an asbestos-related disease. It is essential for the defense to prove that the injury occurred within the timeframe. This often requires a thorough study and examination of the plaintiff's employment background, including interviews with former coworkers, as well as an in-depth review of Social Security and union records and tax, tax, and other documents.
Defending asbestos cases involves various complex issues. Asbestos sufferers may develop a mild illness, such as asbestosis, before they are diagnosed with a fatal condition such as mesothelioma. In these instances an attorney for defense will argue that the limitation period should begin when the victim knew or reasonably ought to have known that their asbestos exposure caused the disease.
The difficulty of these cases is complicated by the fact that the statute of limitations can differ between states. In these instances, a seasoned lawyer for mesothelioma will try to present the case in the state where the bulk of the exposure alleged to have taken place. This can be a challenging job, since asbestos victims frequently travel across the country to find work and the alleged exposure could have occurred in several states.
The process of discovery isn't always easy in asbestos litigation. Unlike other types of personal injury cases, which typically contain only a few defendants, asbestos-related litigation usually includes dozens or more defendants. As a result, it can be difficult to obtain an accurate discovery in these cases, particularly when the plaintiff's claim of injuries spans decades and involves several different defendants.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with local and regional counsel to devise strategies for litigation, manage local counsel, and ensure consistent and cost-effective results in coordination with the goals of our clients. We regularly appear in front of the trial judge and coordinating judge, as also litigation masters across the country.
Bare Metal Defense
In the past, manufacturers of turbine, boiler and pump equipment have sought to defend themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or the component part doctrine. This defense holds 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 at an Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment such as pumps, valves, and steam traps. He claimed asbestos exposure occurred while working at the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation. It could affect how courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. The Court said that the application 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 might apply this doctrine to non-maritime cases as well.
This was the first time a federal appellate court applied the bare-metal defense in an asbestos case, and it's a major departure from the traditional law regarding product liability. Most courts have interpreted this "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 frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop strategies for litigation, manage local and regional counsel, and provide an effective, cost-effective and consistent defense in coordination with their objectives. Our lawyers speak at industry conferences on important issues that affect asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, judges and special masters of litigation. Our unique method has proven successful in decreasing our clients' risk and legal costs.
Expert Witnesses
A person with specific knowledge, skills or experience is an expert witness. They provide independent assistance to courts by offering an impartial opinion on matters within their field of expertise. He must clearly state his opinion and the facts or assumptions he is basing it on. He should also not overlook any aspects that could affect his conclusions.
In cases where asbestos exposure is suspected medical experts could be required to help evaluate the claimant's condition and identify any causal connections between the condition and the source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of experts. This includes nurses and doctors, pharmacists, toxicologists or occupational health specialists, epidemiologists and pharmacists.
Whether it is the defense or prosecution the expert's job is to provide objective technical assistance. He is not expected to assume the role of advocate and should not try to influence or convince a jury to favor his client. The obligation to the court overrides his obligations to his client and he should not try to push a particular argument or find evidence to support it.
The expert should collaborate with the other experts to address any peripheral issues and narrow down any technical issues. The expert should also cooperate with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts ordered by the court.
The expert must finish his examination chief, explain his conclusions and the reasoning behind them in a manner that is clear and easy to comprehend. He must be able to answer questions from the prosecution or the judge and be prepared to address any issues that are raised on cross-examination.
Cetrulo LLP is well versed in defending 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. massachusetts asbestos litigation appears before judges who are coordinating asbestos litigation across the country and also before trial judges and special Masters.
Medical Experts
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the time lag between exposure to asbestos and the onset symptoms. Asbestos cases frequently involve complex theories of injury that can span decades and connect hundreds or even dozens of defendants. It is almost impossible for a claimant to prove their case without the assistance of experts.
Experts in the fields of medicine and other sciences are required to assess the degree of exposure an individual has and their medical condition, as well as to provide insight into future health concerns. Experts like these are essential in any case and should be well-vetted and familiar with the subject matter. The more experience the medical or scientific expert has the more persuasive they'll be.
In a majority of asbestos cases, a medical expert or scientist is required to review the records of the claimant as well as perform a physical exam. Experts can verify whether asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.
It may be necessary to consult other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can employ advanced analytical and sampling techniques to determine the amount of asbestos in the air in a home or workplace to legal exposure standards.
These experts can be valuable in defending companies who produce or distribute asbestos-related goods. They are often able to demonstrate 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 product manufacturer responsibility.
Other experts in these instances include environmental and occupational specialists who can provide insights into the quality of safety protocols at a specific work site or company and how such protocols relate to asbestos manufacturers' liability. For instance, these experts can establish that renovation materials damaged during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers release and then be inhaled.