Asbestos Litigation Defense
To defend companies against asbestos litigation in the future, it is essential to examine the medical records of the plaintiff, work history, and testimony. We often use a bare metal defense that focuses on arguing your company didn't make, sell, or distribute asbestos-containing products that are in the plaintiff's lawsuit.
Asbestos cases require a distinctive approach and a tenacious strategy to achieve success. We are regional, local, and national counsel.
Statute of limitations
The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and six years after a person is diagnosed with an asbestos-related condition. It is essential for the defense to show that the injury occurred within the timeframe. This often requires a thorough examination and analysis of the plaintiff's work history, which includes interviews with former coworkers, as well as an in-depth study of Social Security and union records, as well as tax and tax documents.
The process of defending asbestos cases involves many complicated issues. For example, asbestos victims often suffer from a less serious disease such as asbestosis before being diagnosed with a fatal illness such as mesothelioma. In these instances, 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 asbestos exposure caused the disease.
These cases are made more complex by the fact the statute of limitations could differ from state to state. In these cases, a seasoned mesothelioma lawyer may try to present the case in a state where the majority of the alleged exposure took place. This can be a challenging task since asbestos sufferers often moved across the country to find work, and the alleged exposure may have taken place in several states.
The discovery process can be a challenge in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than Livonia asbestos lawyer in the majority of cases, there are typically dozens of parties involved. As a result, it is often difficult to find a relevant evidence in these cases, especially when the plaintiff's argument for injuries spans decades and involves many defendants.
The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with regional and local counsel to develop strategies for litigation and manage local counsel and achieve efficient and consistent results while coordinating with client goals. We regularly appear before coordination and trial judges, as well as litigation special masters, across the country.
Bare Metal Defense
The past has seen manufacturers of boiler, turbine and pump equipment have successfully defended themselves against asbestos litigation by asserting the defense referred to as the "bare metal" or component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injury caused by replacement parts that they did not design or manufacture.
In the case of Devries, an employee at an Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets for equipment like pumps, valves and steam traps (Equipment Defendants). He claimed he was exposed asbestos when working in 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 may impact how courts in other jurisdictions address the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court declared that the application of the bare-metal defense is "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 is a significant departure for traditional law regarding product liability. Most courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to inform about the dangers posed by replacement parts it did't manufacture or sale.
The McGivney, Kluger, Clark & Intoccia Team regularly serves 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 ensure a consistent, cost-effective defense that is in line with their goals. Our attorneys also speak at industry conferences on important issues that influence asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven effective in decreasing our clients' risk and legal costs.
Expert Witnesses
An expert witness is someone who is specialized in his skills, experience or knowledge and can provide independent advice to the court by way of unbiased opinion concerning matters within his expertise. He should be able to clearly express his opinions and the evidence or assumptions he's basing it on. He should not overlook any aspect that could affect his conclusions.
In cases where asbestos exposure is alleged medical experts could be required to evaluate the claimant's health and determine any causal link between the condition and the source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of experts. This can include doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.
Experts are there to offer impartial technical assistance, whether they represent the prosecution or the defense. He should not assume the position of advocate and should not try to influence or persuade the jury to support his client. He should not try to convince jurors or make an argument.
The expert should work with other experts to eliminate any peripheral issues and identify any technical issues. The expert should also work with the people who instruct him in identifying areas of agreement and disagreement for the purpose of the joint declaration of experts ordered by the court.
After his examination in chief, the expert should explain his conclusions and the reasons behind them in a clear and understandable manner. He should be ready to answer questions from either the judge or prosecution and be willing to answer all questions raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional 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 the coordinating judges, trial judges and special masters in asbestos litigation across the country.
Medical Experts
Expert witnesses are vital in cases involving asbestos-related injuries due to the latency between exposure to asbestos and onset symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and involve hundreds or even dozens of defendants. It is nearly impossible for an individual to prove their case without the help of experts.
Experts in the fields of medicine and other sciences are needed to evaluate the degree of exposure an individual has and medical condition, and also to provide information on future health concerns. Experts like these are essential to any case and should be thoroughly vetted and knowledgeable about the relevant field. The more experience an expert in medicine or science has the more convincing they will be.
Asbestos cases typically require a medical or scientific expert to review the medical records of the plaintiff and conduct a physical examination. Experts can verify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.
It is possible to consult other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can employ sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air at the workplace or at home with the standards for exposure that are legally required.
These experts are also useful in defending companies that produced or distributed asbestos-related products, as they are often capable of proving that the exposure levels of plaintiffs were lower than legal limits and that there was no evidence of negligence by the employer or manufacturer liability.
Other experts in these cases include environmental and occupational specialists who can provide insight into the quality of safety protocols at a specific work site or company and how such protocols relate to the liability of asbestos manufacturers. They can, for example, establish that renovation materials disturbed in the course of remodeling could contain asbestos, or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to be released.