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Asbestos Litigation Defense

In order to defend businesses against asbestos litigation and claims, it is essential to look into the medical records of the plaintiff, work history and witness. We typically employ a naked metal defense that focuses on arguing your company didn't make, sell, or distribute the products containing asbestos at issue in the claimant's lawsuit.

Asbestos cases are unique and require an aggressive approach to achieve successful results. We are regional, local and national counsel.

Statute of limitations

The statute of limitations is a period within which lawsuits are required to be filed. For asbestos cases, this means that the deadline for filing a lawsuit is between one and six years after a victim is diagnosed with an asbestos-related condition. In order to defend the case it is essential to prove that the alleged injury or death did occur prior to the timeframe. This typically requires a thorough review and analysis of the plaintiff's employment history, including interviews of former coworkers, and a careful review of Social Security and union records and tax and tax records.

In defending asbestos cases, there are a variety of complex issues. Asbestos-related victims can suffer from a less severe illness, such as asbestosis, before being diagnosed with a fatal illness such as mesothelioma. In these situations, a lawyer for defense will argue that the limitation period should begin when the victim was aware or reasonably should have known that their exposure to asbestos triggered the disease.

These cases are complicated by the fact the statute of limitations can differ from state to state. In these cases, an experienced mesothelioma lawyer will attempt to file the case in the state where the bulk of the exposure alleged occurred. This is a difficult job, since asbestos victims typically travel around the country looking for jobs, and the alleged exposure could have occurred in multiple states.

The discovery process isn't always easy in asbestos litigation. In how asbestos litigation deal to other types of personal injury cases, which usually contain only a few defendants, asbestos-related litigation usually involves a number of defendants. This means it can be hard to find a meaningful discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and involves several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with regional and local counsel to develop strategies for litigation and manage local counsel and achieve consistently cost-effective results in coordination with the client's goals. We regularly appear before the trial judge and coordinating judge, as and litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of turbine, boiler, pump and valve equipment have sought to defend themselves in asbestos litigation by claiming a defense known as the "bare metal" or the component part doctrine. This defense holds that a manufacturer cannot be held accountable for asbestos-related injuries caused by replacement components that the company did not design or install.

In the case of 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 steam traps, insulation and gaskets on equipment such as valves, pumps and steam traps (Equipment defendants). He claimed that he had been exposed to asbestos when working in the plant and was diagnosed with Mesothelioma several years afterward.

The Supreme Court's decision in Devries has changed the course of asbestos litigation, and may impact how courts in other jurisdictions handle the issue of the liability of third-party components that are added 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 are not maritime.

This ruling was the first time that a federal appeals court has applied the bare metal defense in an asbestos lawsuit, and represents a significant departure from traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a manufacturer to warn consumers about the harm caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients to develop strategies for litigation, manage regional and local counsel, and achieve an efficient, cost-effective defense in coordination with their goals. Our attorneys also speak at industry conferences about key issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and collaborating with coordinating judges and trial courts as well as litigation special masters. Our unique method has proven to be successful in reducing legal expenses for our clients.

Expert Witnesses

An expert witness is someone who is specialized in his skills, knowledge or experience and offers independent assistance to the court by way of an objective opinion regarding issues that fall within his area of expertise. He must clearly state the facts or assumptions upon which his opinions are based and should not be oblivious to consider matters which could affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the assessment of the claimant's condition and the determination of any causal connection between their condition and an identified source of exposure. Many of the ailments associated with asbestos are very complex, and require the expertise of specialists in the field. This could include pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health professionals.

In the event of a defense or prosecution, an expert's role is to provide impartial technical assistance. He should not assume the role of an advocate, nor should he seek to influence or convince a jury to support his client. He should not try to convince jurors or advocate for an argument.

The expert should collaborate with the other experts to resolve any issues that are peripheral and identify any technical issues. The expert should also collaborate with the people who instruct him to determine areas of agreement and disagreement for the joint statement of the expert as ordered by the court.

At the conclusion of his examination in chief the expert should be able to be able to explain his findings and the reasons behind them in a clear and understandable way. He is expected to be able to respond questions from the prosecution or the judge and should be willing to discuss any issues that are 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 regional and national defense counsel, as well as local regional, expert witnesses and experts. Our team is regularly in front of the asbestos litigation judges who coordinate across the country as well as trial judges and special Masters.

Medical Experts

Expert witnesses are vital in cases involving asbestos-related injuries due to the delay between exposure to asbestos and beginning symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and involve hundreds or even dozens of defendants. Because of this, it is almost impossible for a plaintiff to prove their case without the assistance of experts.


Medical and other experts in the field are essential to determine the extent of a claimant's exposure, evaluate their medical conditions and provide information about potential future health problems. These experts are vital to any case, and they must be thoroughly checked and educated in the field they are working in. The more experience an expert in medical or scientific fields has the more persuasive they will be.

In many asbestos cases, a medical expert or scientist is required to look over the records of the claimant and conduct a physical exam. Experts can testify to whether exposure to asbestos was sufficient to cause an illness that is specific to him, like mesothelioma, lung cancer, or other forms of scarring on the respiratory tract and lungs (e.g. the pleural plaques).

Other experts like industrial hygienists might be required to assist in establishing asbestos-related exposure levels. They can utilize advanced sampling and analytical techniques to determine the amount of asbestos in the air in the workplace or at home and compare these to legal exposure standards.

These types of experts are also useful in defending companies that produced or distributed asbestos-related products as they are often capable of demonstrating that the exposure levels 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 could be involved in these instances are occupational and environmental specialists. They can provide insights into the safety procedures that exist at a particular work site or company, and how they connect to asbestos manufacturers' liability. These experts can determine, for instance, that the materials used in the course of remodeling could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to release.

Website: https://www.asbestoslitigation.top/