Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough analysis of a plaintiff's history of work and medical records, as well as testimony. We often employ the bare metal defense which focuses on arguing that your company was not able to manufacture, sell or distribute the asbestos-containing products that are at issue in the case of a claimant.

Asbestos cases are special and require a determined approach to achieving successful results. We are 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 attorney-related cases, that means the deadline for filing a lawsuit is between one and six years after a person becomes diagnosed with an asbestos-related illness. To defend it is essential to prove that the claimed injury or death did occur prior to this deadline. This usually requires a thorough study and examination of the plaintiff's employment background, including interviews with former coworkers, and an in-depth review of Social Security and union records as well as tax and tax documents.

The process of defending an asbestos lawsuit case involves a number of complex issues. Asbestos victims may develop a less severe illness, such as asbestosis, before they are diagnosed with a fatal condition like mesothelioma. In these cases an attorney for defense will argue that the time limit for a statute of limitations should begin when the victim was aware or reasonably ought to have realized that their exposure to asbestos triggered the disease.

These cases are made more complex because the statute of limitations can differ from state to state. In these cases, a seasoned mesothelioma lawyer will attempt to present the case in a state where the majority of the alleged exposure took place. This is a difficult task, as asbestos lawyers victims typically travel around the country to find work and the alleged exposure could have occurred in several states.

Finally, the discovery process is difficult in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Rather than a few defendants in the majority of cases, there are typically several people involved. It is often difficult to get meaningful discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and binds many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience 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 and manage local counsel and ensure efficient and consistent results that align with client goals. We regularly appear before the trial judge and the coordinating judge as also litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of turbines, boilers, valves and pumps have defended themselves from asbestos lawsuits using what is known as "bare metal" doctrine or component part doctrine. This defense holds that a manufacturer cannot be held accountable for asbestos-related injuries resulting from replacement components that the company did not make or install.

In the case Devries, the Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets on equipment such as valves, pumps and steam traps (Equipment Defendants). He claimed that asbestos was ingested during his time at the plant and was diagnosed with mesothelioma several 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 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 aren't maritime.

This was the first time that a federal appellate court used the"bare-metal" defense in an asbestos case, and it is a significant departure from the traditional product liability laws. Most courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn about harms caused 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 affect the entire industry. We help our client develop litigation strategies, manage local and regional counsel and ensure an efficient, cost-effective defense in line with their goals. Our lawyers also speak at industry conferences on key issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and collaborating closely with coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven to be successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is a person who has specialized skills, knowledge or experience and provides independent assistance to the court by way of an objective opinion regarding matters within his expertise. He must be able to clearly articulate the facts or assumptions on which his opinions are based and must not fail to look into matters that might affect his opinions.

In cases where asbestos exposure is alleged medical experts may be required to evaluate the claimant's condition and identify any causal connections between the condition and the source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of specialists in the field. This can include doctors and nurses as well as toxicologists, pharmacists occupational health specialists, epidemiologists and pharmacists.

Experts are available to provide an impartial technical support, whether they represent the prosecution or the defense. He should not serve as an advocate or attempt to influence the jury in favor of his client. He should not try to convince jurors or make an argument.

The expert should work with other experts in attempting to resolve any technical issues at a very early stage and eliminate any irrelevant issues. The expert should also work with those who are instructing him to identify areas of agreement and disagreement for the joint statement of expert ordered by the court.

At the conclusion of his main examination, the expert should be able to explain his findings and the reasoning behind them in a clear and easy-to-understand way. He should be ready to answer questions from either the judge or prosecution and be prepared to discuss all issues that were raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our attorneys can manage and counsel national and regional defense counsel, as along with local regional, expert witnesses and experts. Our team appears regularly 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 beginning of symptoms Expert witnesses are a crucial part in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that can span decades and involve hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the help of experts.

Medical and other experts in the field are necessary to assess the extent of an individual's exposure, assess their medical conditions, and provide insight into the possibility of future health issues. These experts are crucial to any case and should be thoroughly vetted and knowledgeable about the subject. The more experience an expert in medical or scientific fields has, the more persuasive they'll be.

In many asbestos cases a medical expert or scientist is required to examine the records of the claimant and conduct an examination. Experts can verify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.

It could be necessary to consult with other experts, like industrial hygienists, in order to determine if there is asbestos exposure levels. They can employ advanced analytical and sampling techniques to evaluate the asbestos concentrations in the air at the workplace or at home to legal exposure standards.

These experts can be very beneficial in defending companies that produce or distribute asbestos-related products. They often are capable of proving that plaintiffs' exposure levels were lower than the limits set by law and that there was no evidence of negligence by the employer or manufacturer liability for the product.

Other experts that could be involved in these instances are environmental and occupational specialists. They can provide insight into the safety protocols that are in place at a specific workplace or business, and how they are related to the liability of asbestos producers. For instance, they can determine that materials used in renovation that are disturbed during a remodel are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers to release and be inhaled.