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Asbestos Litigation Defense
To defend companies against asbestos litigation and claims, it is essential to examine the medical records of the plaintiff, work history and testimony. We often use the bare metal defense which focuses on arguing that your company did not make or sell the asbestos-containing products that are at issue in the claimant's case.
Asbestos cases require an exclusive approach and a determined approach to achieve successful results. We are local, regional and national counsel.
Statute of Limitations
The majority of lawsuits must be filed within a specific time period, known as the statute of limitations. For asbestos lawyers cases, that means the statutory deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related illness. For the defense, it is important to prove that the claimed accident or death did not occur prior to the timeframe. Often, this means an exhaustive review of the plaintiff's employment history, which includes interviews with former coworkers and the careful review of Social Security, union, tax and other documents.
Defending an asbestos case involves several complex issues. For instance, asbestos-related victims are more likely to develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue the time limit should be set when the victim knew or should have reasonably known that exposure to asbestos attorneys caused their disease.
The complex nature of these cases is also made more difficult by the fact that the statute of limitations can vary between states. In these instances, an experienced lawyer for mesothelioma will try to present the case in the state in which the majority of the alleged exposure took place. This can be a challenging job, since asbestos victims often move around the country to find jobs, and the alleged exposure could have occurred in several states.
The process of discovery 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 typically several people involved. It can be difficult to obtain significant discovery when there are multiple defendants and the plaintiff's theory is spanning decades.
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 develop litigation strategies and manage local counsel and ensure consistently cost-effective results while coordinating with client goals. We regularly appear before coordination and trial judges and special masters of litigation, in jurisdictions across the country.
Bare Metal Defense
In the past, producers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts that they did not manufacture or install.
In the case Devries, a Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed he was exposed to asbestos while working at the plant, and was diagnosed with mesothelioma several years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation. It may impact how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this case is "cabined" to maritime law, but 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 a federal appellate court used the bare-metal defense in an asbestos case, and it's a significant departure from the traditional law regarding product liability. Most courts have interpreted this "bare metal" defense as a rejection of the obligation of a company to warn consumers about the harm caused by replacement parts it did not create or sell.
The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, manage regional and local counsel, and ensure a consistent, cost-effective defense that is in line with their goals. Our lawyers present at industry conferences on important issues affecting asbestos attorney litigation. Our firm's experience includes representing clients in every state and collaborating closely with coordinating judges and trial courts, as well as special masters. Our unique approach has proven to be effective in reducing exposure and legal expenses for our clients.
Expert Witnesses
An expert witness is one who has specific expertise, knowledge or experience and provides independent assistance to the court with the aid of an impartial opinion on matters within his area of expertise. He must clearly state the facts or assumptions on which his opinions are based and must not fail to consider matters which might affect his opinions.
In cases that involve allegations of exposure to asbestos, medical experts are often asked to assist in the assessment of the claimant's illness and to determine if there is a causal link between their condition and the identified source of exposure. A lot of the diseases that are caused by asbestos are complicated, requiring the expertise of experts in the field. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.
Experts are there to provide an impartial technical support, whether they represent the prosecution or the defense. He is not expected to assume the role of an advocate and should not try to influence or convince the jury to support his client. He should not attempt to convince the jury or promote an argument.
The expert should work with the other experts when attempting to reduce any technical issues at an early stage and eliminate any peripheral 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 purpose of the joint declaration of experts commissioned by the court.
The expert should, at the end of his examination chief, discuss his conclusions and the reasons behind the conclusions in a manner that is clear and understandable. He should be able to answer any questions from the prosecution or judge, and be able to address all points raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can advise and manage national and regional defense counsel as well as local and regional experts and witnesses. Our team regularly appears before the asbestos litigation judges who coordinate across the country and also before trial judges and special Masters.
Medical Experts
Expert witnesses are extremely important in cases which involve asbestos-related injuries due the time lag between exposure to asbestos and the beginning symptoms. Asbestos cases frequently involve complex theories of injury that can span decades and link dozens or even hundreds of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.
Medical and other experts in the field are required to determine the extent of a claimant's exposure, evaluate their medical conditions, and provide insight into possible health issues that could arise in the future. Experts like these are essential to any case and must be well-vetted and familiar with the field of study. The more experience an expert in science or medicine has, the more persuasive he will be.
Asbestos cases often require an expert from a medical or scientific field to analyze the medical records of the claimant and conduct a physical exam. Experts can testify to whether the claimant's exposure to asbestos attorney was sufficient to cause a specific medical condition like mesothelioma or lung cancer, or other types of scarring on the respiratory tract and lungs (e.g. the pleural plaques).
It may 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 methods to compare airborne asbestos attorneys levels at a workplace or home to legal exposure standards.
These experts can be very valuable in defending companies who produce or distribute asbestos-related goods. They often are able to demonstrate that the exposure levels of plaintiffs were lower than the limits set by law and that there was not evidence of negligence by the employer or manufacturer liability for the product.
Other experts in these instances include environmental and occupational specialists who can provide insights into the adequacy of safety protocols at a specific workplace or company, and how these protocols are related to asbestos manufacturers' liability. These experts could, for example, establish that renovation materials disturbed in the course of a remodel could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to escape.
To defend companies against asbestos litigation and claims, it is essential to examine the medical records of the plaintiff, work history and testimony. We often use the bare metal defense which focuses on arguing that your company did not make or sell the asbestos-containing products that are at issue in the claimant's case.
Asbestos cases require an exclusive approach and a determined approach to achieve successful results. We are local, regional and national counsel.
Statute of Limitations
The majority of lawsuits must be filed within a specific time period, known as the statute of limitations. For asbestos lawyers cases, that means the statutory deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related illness. For the defense, it is important to prove that the claimed accident or death did not occur prior to the timeframe. Often, this means an exhaustive review of the plaintiff's employment history, which includes interviews with former coworkers and the careful review of Social Security, union, tax and other documents.
Defending an asbestos case involves several complex issues. For instance, asbestos-related victims are more likely to develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue the time limit should be set when the victim knew or should have reasonably known that exposure to asbestos attorneys caused their disease.
The complex nature of these cases is also made more difficult by the fact that the statute of limitations can vary between states. In these instances, an experienced lawyer for mesothelioma will try to present the case in the state in which the majority of the alleged exposure took place. This can be a challenging job, since asbestos victims often move around the country to find jobs, and the alleged exposure could have occurred in several states.
The process of discovery 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 typically several people involved. It can be difficult to obtain significant discovery when there are multiple defendants and the plaintiff's theory is spanning decades.
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 develop litigation strategies and manage local counsel and ensure consistently cost-effective results while coordinating with client goals. We regularly appear before coordination and trial judges and special masters of litigation, in jurisdictions across the country.
Bare Metal Defense
In the past, producers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts that they did not manufacture or install.
In the case Devries, a Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed he was exposed to asbestos while working at the plant, and was diagnosed with mesothelioma several years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation. It may impact how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this case is "cabined" to maritime law, but 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 a federal appellate court used the bare-metal defense in an asbestos case, and it's a significant departure from the traditional law regarding product liability. Most courts have interpreted this "bare metal" defense as a rejection of the obligation of a company to warn consumers about the harm caused by replacement parts it did not create or sell.
The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, manage regional and local counsel, and ensure a consistent, cost-effective defense that is in line with their goals. Our lawyers present at industry conferences on important issues affecting asbestos attorney litigation. Our firm's experience includes representing clients in every state and collaborating closely with coordinating judges and trial courts, as well as special masters. Our unique approach has proven to be effective in reducing exposure and legal expenses for our clients.
Expert Witnesses
An expert witness is one who has specific expertise, knowledge or experience and provides independent assistance to the court with the aid of an impartial opinion on matters within his area of expertise. He must clearly state the facts or assumptions on which his opinions are based and must not fail to consider matters which might affect his opinions.
In cases that involve allegations of exposure to asbestos, medical experts are often asked to assist in the assessment of the claimant's illness and to determine if there is a causal link between their condition and the identified source of exposure. A lot of the diseases that are caused by asbestos are complicated, requiring the expertise of experts in the field. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.
Experts are there to provide an impartial technical support, whether they represent the prosecution or the defense. He is not expected to assume the role of an advocate and should not try to influence or convince the jury to support his client. He should not attempt to convince the jury or promote an argument.
The expert should work with the other experts when attempting to reduce any technical issues at an early stage and eliminate any peripheral 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 purpose of the joint declaration of experts commissioned by the court.
The expert should, at the end of his examination chief, discuss his conclusions and the reasons behind the conclusions in a manner that is clear and understandable. He should be able to answer any questions from the prosecution or judge, and be able to address all points raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can advise and manage national and regional defense counsel as well as local and regional experts and witnesses. Our team regularly appears before the asbestos litigation judges who coordinate across the country and also before trial judges and special Masters.
Medical Experts
Expert witnesses are extremely important in cases which involve asbestos-related injuries due the time lag between exposure to asbestos and the beginning symptoms. Asbestos cases frequently involve complex theories of injury that can span decades and link dozens or even hundreds of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.
Medical and other experts in the field are required to determine the extent of a claimant's exposure, evaluate their medical conditions, and provide insight into possible health issues that could arise in the future. Experts like these are essential to any case and must be well-vetted and familiar with the field of study. The more experience an expert in science or medicine has, the more persuasive he will be.
Asbestos cases often require an expert from a medical or scientific field to analyze the medical records of the claimant and conduct a physical exam. Experts can testify to whether the claimant's exposure to asbestos attorney was sufficient to cause a specific medical condition like mesothelioma or lung cancer, or other types of scarring on the respiratory tract and lungs (e.g. the pleural plaques).
It may 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 methods to compare airborne asbestos attorneys levels at a workplace or home to legal exposure standards.
These experts can be very valuable in defending companies who produce or distribute asbestos-related goods. They often are able to demonstrate that the exposure levels of plaintiffs were lower than the limits set by law and that there was not evidence of negligence by the employer or manufacturer liability for the product.
Other experts in these instances include environmental and occupational specialists who can provide insights into the adequacy of safety protocols at a specific workplace or company, and how these protocols are related to asbestos manufacturers' liability. These experts could, for example, establish that renovation materials disturbed in the course of a remodel could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to escape.
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