Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough analysis of a plaintiff's history of work as well as medical records and evidence. We often employ the bare-metal defense, which is focused on proving that your company was not able to manufacture or sell the asbestos lawsuit-containing products at issue in the case of a claimant.

Asbestos cases require a unique approach and a determined strategy to achieve success. We serve as local, regional and national counsel.

Statute of Limitations

The statute of limitations is a period within which the majority of lawsuits have to be filed. For asbestos-related cases, this means that the statutory deadline for filing is between one and six years after a victim becomes diagnosed with an asbestos-related illness. To defend it is crucial to prove that the claimed injury or death did occur within this deadline. This typically requires a thorough study and analysis of the plaintiff's work history, including interviews of former coworkers and a careful examination of Social Security and union records and tax and tax documents.

In defending asbestos cases, there are various complex issues. For instance, asbestos-related victims are more likely to suffer from a less serious disease such as asbestosis before being diagnosed with a fatal illness like mesothelioma. In these instances, a defense attorney will argue that the statute of limitations should start when the victim knew or reasonably should have known that their exposure to asbestos triggered the disease.

The complex nature of these cases is also 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 present the case in a state where the majority of the exposure alleged to have taken place. This can be a challenging task as asbestos sufferers often move around the country to find work, and the exposure could have occurred in a variety of states.

The process of establishing the facts isn't always easy in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of a handful of defendants as in most cases, there are usually dozens of parties involved. This means it is often difficult to obtain meaningful discovery in these cases, particularly when the plaintiff's claim of injuries spans decades and involves multiple 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 work closely with local and regional counsel to develop litigation strategies and manage local counsel and achieve efficient and consistent results while coordinating with client goals. We frequently appear before the trial judge and the coordinating judge as and litigation masters across the country.

Bare Metal Defense

In the past, makers of boilers, turbines, pumps and valves have defended themselves against asbestos lawsuits by asserting the "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer cannot be held accountable for asbestos-related injuries caused by replacement components that the company didn't design or install.

In the case of Devries, an employee at an 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, such as pumps, valves and steam traps. He claimed asbestos was ingested during his time 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, and could impact the way 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 context is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this principle to non-maritime cases, as well.

This ruling was the first time that a federal appeals court used the defense of bare metal in an asbestos lawsuit, and is an important departure from the traditional product liability law. The majority of courts have understood "bare metal" as a denial of the responsibility of a manufacturer to inform about the dangers posed by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawyers lawsuits that affect the entire industry. We help our client develop strategies for litigation, manage regional and local counsel, and achieve an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys also speak at industry conferences on major issues shaping asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven successful in reducing legal costs for our clients.

Expert Witnesses

A person with specialized knowledge, skills or experience can be an expert witness. They offer independent assistance to courts by providing an objective opinion on issues within their area of expertise. He must clearly state the facts or assumptions upon the basis of his opinion and should not be oblivious to look into matters that might affect his opinions.

In cases where asbestos exposure is alleged medical experts could be required to help evaluate the claimant's condition and to determine any causal connections between the condition and the alleged source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of experts. This can include doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.

Experts are there to provide an impartial technical support, whether they are representing the defense or the prosecution. He should not serve as an advocate or attempt to influence the jury to favor his client. He should not attempt to convince jurors or advocate for an argument.

The expert should collaborate with other experts to resolve any peripheral issues and narrow down any technical issues. The expert should also cooperate with the people who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts ordered by the court.

After his chief examination the expert must be able to explain his findings and the reasoning behind them in a clear and easy-to-understand manner. He should be prepared to answer questions from either the judge or prosecution and be able to discuss all issues that are raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys can assist and advise regional and national defense counsel, as in addition to local, regional and expert witnesses and experts. Our team regularly appears before coordinating judges in asbestos litigation across the country, as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and the onset of symptoms experts play a significant role in any case that involves an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that can span decades and link hundreds or even dozens of defendants. It is almost impossible for a claimant to prove their case without the assistance of experts.

Medical and other scientific experts are necessary to assess the extent of a claimant's exposure, assess their medical conditions and offer insight into the possibility of future health issues. Experts like these are essential in any case and should be thoroughly vetted and knowledgeable about the field of study. The more experience a medical or scientific expert has the more convincing they will be.

In a majority of asbestos cases, an expert in medicine or a scientist is required to look over the records of the claimant and conduct a physical exam. Experts can testify to whether the claimant's exposure asbestos was enough to cause a specific medical condition like mesothelioma, lung cancer, or other types of scarring on the respiratory tract and lungs (e.g. the pleural plaques).

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

Experts of this kind are also useful when defending companies that manufactured or distributed asbestos-related goods as they can often be able of proving that the levels of exposure of plaintiffs were within the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer liability.

Other experts who may be involved in these cases include occupational and environmental experts. They can provide information into the safety guidelines that exist at a particular work site or company and how they relate to the liability of asbestos manufacturers. For instance, these experts can determine that materials used in renovation disturbed during a remodel project are more likely to contain asbestos lawyer or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and then be inhaled.