Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough examination of the plaintiff's employment history and medical records, as well as testimony. We often use a bare metal defense that focuses on the fact that your company did not manufacture, sell, or distribute asbestos-containing products in the plaintiff's lawsuit.

asbestos attorney cases are unique and require a tenacious strategy to achieve success. We are local, regional and national counsel.

Statute of Limitations

The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases, that means the deadline for filing a lawsuit is between one and six years after a person is diagnosed with an asbestos lawyer-related illness. In order to defend the case, it is important to establish that the alleged injury or death did occur prior to the deadline. In most cases, this involves conducting a thorough review of the plaintiff's work background, including interviews with former colleagues and the careful review of Social Security, union, tax and other records.

Defending an asbestos case involves several complex issues. For instance, asbestos-related victims often develop a less serious illness such as asbestosis before being diagnosed with a fatal illness such as mesothelioma. In these cases the defense attorney will argue the statute of limitation should begin when the victim knew or should have reasonably known that exposure to asbestos causes the disease.

The complex nature of these cases is also made more difficult by the fact that the time limit for filing a lawsuit may differ from state to state. In these cases a mesothelioma lawyer who is experienced will attempt to start the case in the state where most of the alleged exposure occurred. This could be a challenging task because asbestos victims often moved across the country to find work, and the alleged exposure may have taken place in multiple 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, as is the case in most cases, there are often several people involved. This means it can be hard to obtain an accurate discovery in these cases, especially when the plaintiff's theory of injuries spans decades and connects 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 collaborate closely with local and regional counsel to devise strategies for litigation, manage local counsel, and ensure efficient and consistent results while coordinating with the client's goals. We regularly appear in front of coordinating and trial judge, as well as litigation masters, across the country.

Bare Metal Defense

In the past, makers of boilers, turbines, pumps and valves have defended themselves from asbestos lawsuits using the "bare metal" doctrine or the component part doctrine. This defense states that a company is not responsible for asbestos-related injury caused by replacement parts they did not manufacture or install.

In the case of Devries, an employee of the Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. Plaintiff's job entailed the removal and replacement of steam traps, insulation and gaskets on equipment such as valves, pumps and steam traps (Equipment Defendants). He claimed asbestos was ingested while working at the plant, and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has altered the legal landscape for asbestos attorney litigation and may influence how the courts in other jurisdictions deal with the issue of third-party parts that manufacturers include in their equipment. The Court said that the application of the bare-metal defense in this case is "cabined" to maritime law however, it left open the possibility that other federal circuits might apply this doctrine to cases that are not maritime, as well.

This was the first time that a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and represents a significant departure from traditional product liability law. Most courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn about the dangers posed by replacement parts it did not manufacture or sell.

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 in developing strategies for litigation, oversee regional and local counsel and achieve consistent, cost-effective defense that aligns with their objectives. Our attorneys also present at conferences for industry professionals on the key issues affecting asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique approach has been successful in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is one who is specialized in his expertise, knowledge or experience and provides independent assistance to the court in the form of an impartial opinion on matters within his expertise. He should clearly state the facts or assumptions upon which his opinion is based and must not fail to consider matters which might affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often asked to assist in the assessment of the claimant's health and to determine if there is a causal link between their condition and the identified source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health specialists.

Whether it is the prosecution or defence the role of an expert is to provide impartial technical assistance. He is not expected to assume the role of an advocate or seek to influence or persuade the jury to support his client. The obligation to the court is greater than the obligations he has to his client, and he should not attempt to support an argument or seek evidence to support it.

The expert should work with other experts to eliminate any peripheral issues and identify any technical issues. The expert should also collaborate with those who are instructing him to identify areas of agreement and disagreement for the joint declaration of the expert as ordered by the court.

After completing his examination in chief, the expert should 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 any questions from the judge or prosecution and be willing to discuss all issues raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to advise and manage regional and national defense counsel and local and regional experts and witnesses. Our team regularly appears before coordinating judges, trial judges, and special masters of asbestos litigation across the nation.

Medical Experts

Due to the latency issues that arise between asbestos exposure and beginning of symptoms Expert witnesses are a crucial part in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that stretch for decades and involve dozens or even hundreds of defendants. Because of this, it is almost impossible for a plaintiff to establish their case without the help of experts.

Medical and other scientists are essential to determine the extent of a person's exposure, assess their medical conditions and provide information about the possibility of future health issues. Experts like these are essential in any case and should be thoroughly checked and knowledgeable of the relevant field. The more experience an expert in medicine or science has, the more persuasive they will be.

Asbestos cases often require an expert in science or medicine to review the claimant's medical records and conduct a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, for example, mesothelioma or lung cancer.

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

These types of experts are also useful when defending companies who manufactured or distributed asbestos-related goods as they are often capable of proving that the exposure levels of plaintiffs were within the legal limit and that there was no evidence of employer negligence or manufacturer liability.

Other experts in these instances include occupational and environmental specialists who can offer insights on the safety protocols at a specific workplace or company, and how these protocols are related to asbestos manufacturers' liability. For instance, these experts 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 release and become inhaled.