Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough examination of the plaintiff's employment history as well as medical records and evidence. We typically use the bare metal defense, which is based on the argument that your company was not able to manufacture, sell or distribute the asbestos-containing products at issue in the claimant's case.

Asbestos cases require an exclusive method and a persistent approach to get results. We are local, regional and national counsel.

Statute of limitations

The majority of lawsuits have to be filed within a specified timeframe, referred to as the statute of limitations. For asbestos-related cases, this means the legal deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related illness. It is essential for the defense to show that the injury was sustained after the deadline. Often, this requires conducting a thorough review of the plaintiff's work history, including interviews with former colleagues and the careful examination of Social Security, union, tax and other records.

Defending an asbestos case involves several complex issues. Asbestos sufferers may develop a mild illness, such asbestosis, prior to 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 realized that their exposure to asbestos triggered the disease.

The complex nature 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 bring the case to a state where the majority of the alleged exposure took place. This can be a challenging task as asbestos patients often moved across the country to find employment, and the alleged exposure may have taken place in several states.

Finally, the discovery process is difficult in asbestos litigation. Contrary to other personal injury cases, which usually involve only a few defendants, asbestos-related litigation typically involves a number of defendants. It can be difficult to obtain meaningful discovery when there are many defendants and the plaintiff's claim extends over a long period of time.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to develop litigation strategy and manage local counsel to obtain consistent, cost-effective outcomes in line with the client's goals. 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 turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits using what is referred to as "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injury caused by replacement parts that they did not install or manufacture.

In the case of Devries, an employee of the Tennessee Eastman chemical plant sued several equipment manufacturers for 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 had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation, and could influence the way that courts in other jurisdictions tackle the issue of third-party components manufacturers include in their equipment. The Court said that this use of the bare-metal defense was "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This ruling was the first time that a federal appeals court applied the bare-metal defense in a asbestos lawsuit and is quite a departure from the norms of product liability law. The majority of courts have interpreted the "bare metal" defense as a rejection of the obligation of a company to warn consumers about the harm caused by replacement parts that they did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits (visit my web page) that affect the entire industry. We help our client develop litigation strategies, manage local and regional counsel and ensure a consistent, cost-effective defence in line with their goals. Our attorneys speak at industry conferences on important issues affecting asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, judges and special masters of litigation. Our unique approach has proven successful in reducing legal spend for our clients.

Expert Witnesses

A person with specialized expertise, experience or knowledge is an expert witness. They provide independent assistance to a court by offering an impartial opinion on matters within their field of expertise. He must be able to clearly articulate the facts or assumptions on the basis of his opinion and should not be oblivious to look into matters that could affect his opinions.

In the event that asbestos exposure is suspected medical experts may be required to help evaluate the claimant's health and determine any causal connections between the condition and the source of exposure. Many of the ailments caused by asbestos are extremely complex, requiring the expertise of experts in the field. This includes doctors and nurses pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

If it's the prosecution or defence, an expert's role is to provide objective technical assistance. He should not serve as an advocate or attempt to influence the jury in favor of his client. The obligation to the court overrides his duties to his client and he should not try to push a particular argument or find evidence to justify it.

The expert should cooperate with other experts in trying to resolve any technical issues at a very early stage and eliminate any irrelevant matters. The expert should also work with the experts who instruct him in identifying areas that are in agreement and areas of disagreement for the reason of the joint statement of experts ordered by the court.

At the conclusion of his examination in chief the expert should be able to explain his conclusions and the reasons behind them in a clear and understandable way. He should be prepared to answer questions from the prosecution or the judge and should be willing to discuss any issues that are raised on cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to manage and counsel national and regional defense counsel as in addition to local regional, expert witnesses and experts. Our team regularly appears before the coordinating judges, trial judges, and special masters of asbestos litigation across the country.

Medical Experts

Expert witnesses are crucial in cases which involve asbestos-related injuries due the delay between exposure to asbestos and onset symptoms. asbestos lawyers cases often involve complex theories of injury that span decades and involve hundreds or even dozens of defendants. It is almost impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientific experts are required to determine the extent of a person's exposure, evaluate their medical conditions and provide information about potential future health problems. Experts like these are essential to any case, and should be thoroughly vetted and educated about the subject. The more experience an expert in medical or scientific fields has the more convincing they'll be.

Asbestos cases typically require a medical or scientific expert to analyze the medical records of the plaintiff and conduct a physical examination. Experts can testify to whether exposure to asbestos was enough to trigger an illness that is specific to him, such as mesothelioma, lung cancer, or other forms of scarring on the respiratory tract and lungs (e.g., pleural plaques).

Other experts like industrial hygienists may be required to aid in determining the existence of asbestos-related exposure levels. They can utilize sophisticated analytical and sampling techniques to determine the amount of asbestos attorneys in the air at a workplace or home to the legal exposure standards.

These types of experts can also prove valuable when defending companies who manufactured or distributed asbestos-related products, as they often have the capability of demonstrating that the levels of exposure of plaintiffs were below legal limits and that there was no evidence of negligence by the employer or manufacturer liability.

Other experts who could be involved in these cases include occupational and environmental experts. They can provide information into the safety guidelines which are in place at a particular workplace or business and how they connect to the liability of asbestos producers. These experts can, for example, establish that renovation materials damaged during a remodel project may contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to release.