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Asbestos Litigation Defense 10 Things I'd Loved To Know In The Past
Asbestos Litigation Defense

To defend companies against asbestos litigation, it is necessary to look into the plaintiff's medical records, work history and testimony. We often use the bare-metal defense, which is based on the argument that your company didn't manufacture, sell or distribute the asbestos-containing products in question in the case of a claimant.

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

Statute of Limitations

Most lawsuits must be filed within a certain time period, known as the statute of limitations. For asbestos cases, this means that the legal deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related condition. It is important for the defense to prove that the injury was sustained within the timeframe. This usually requires a thorough study and analysis of the plaintiff's employment history, including interviews of former coworkers, as well as an in-depth study of Social Security and union records as well as tax, tax, and other records.

In defending an asbestos-related case, there are a number of complex issues. For example, asbestos victims often suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these instances, the defense attorney will argue the time limit should be set when the victim realized or should have reasonably known that exposure to asbestos causes their disease.

These cases are complicated because the statute of limitations may vary from state to state. In these instances, an experienced mesothelioma lawyer will try to bring the case in the state where most of the alleged exposure occurred. This can be a daunting task, as asbestos victims often move around the country in search of jobs, and the alleged exposure could have occurred in multiple states.

The discovery process can be difficult in asbestos litigation. Unlike other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation usually involves dozens or more parties. It can be difficult to obtain relevant information when there are multiple defendants and the plaintiff's claim stretches over decades.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with regional and local counsel to develop strategies for litigation and manage local counsel and ensure consistent and cost-effective results in coordination with the client's goals. We frequently appear in front of coordinating and trial judge, as also litigation masters across the country.

Bare Metal Defense

Historically, manufacturers of turbine, boiler and pump equipment have successfully defended themselves against asbestos litigation by asserting the defense referred to as the "bare metal" or the component part doctrine. This defense states that a manufacturer can't be held liable for asbestos-related harms caused by replacement components that the company didn't design or install.

In the case of Devries, an employee of an Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment such as pumps, valves and steam traps. He claimed that he was exposed to asbestos when working in 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. It may impact how courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court stated that this application of the bare-metal defense is "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time a federal appellate court used the"bare-metal" defense in a case involving asbestos and it's a major departure from the traditional law regarding product liability. The majority of courts have understood "bare metal" as a rejection 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 help our client develop strategies for litigation, oversee regional and local counsel, and provide an efficient, cost-effective defense in line with their goals. Our lawyers are invited to present at industry conferences on important issues that affect 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 strategy has proven effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

An expert witness is someone who has specific skills, knowledge or experience and offers independent assistance to the court in the form of an impartial opinion on matters of his expertise. He must be able to clearly articulate the facts or assumptions on the basis of his opinion and should not be oblivious to consider matters which might affect his conclusions.

In the event that asbestos exposure is claimed medical experts may be required to evaluate the claimant's condition and identify any causal connections between the 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 professionals.

Experts are there to provide impartial technical assistance, whether they represent the prosecution or the defence. Experts should not be an advocate or attempt to influence the jury to favor his client. The obligation to the court supersedes the obligations he has to his client, and he should not try to push a particular argument or find evidence to support it.

The expert should work with the other experts to eliminate any peripheral issues and narrow down any technical issues. The expert should also collaborate with those who instruct him to pinpoint areas of agreement and discord for the joint statement of the expert commissioned by the court.

At the conclusion of his main examination, the expert should explain his conclusions and the reasons for them in a clear and easy-to-understand manner. He is expected to be able to respond questions from the prosecution or judge and should be prepared to discuss any issues that are raised on cross-examination.

Cetrulo LLP is well versed in the defense of clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can handle and advise regional and national defense counsel, as along with local, regional and expert witnesses and experts. Our team appears regularly before the asbestos litigation judges who coordinate across the country, as well as trial judges and special Masters.

Medical Experts

Expert witnesses are crucial in cases which involve asbestos-related injuries due the latency between exposure to asbestos and the beginning symptoms. Asbestos cases frequently involve complex theories of injury that stretch for decades and involve hundreds or even dozens of defendants. Because of this, it is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Experts in medicine and other sciences are required to determine the degree of exposure an individual has and their medical condition, as well as provide information on future health issues. These experts are crucial to any case, and they must be thoroughly examined 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 as well as perform an examination. These experts can testify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.


It is possible to seek out other experts, like industrial hygienists, in order to determine the presence of asbestos exposure levels. They can utilize advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in the workplace or at home and compare these to legal exposure standards.

YouTube of this kind can also prove valuable when defending companies who manufactured or distributed asbestos-related goods as they often have the capability of proving that the levels of exposure of plaintiffs were below legal limits and that there was no evidence of employer negligence or the manufacturer's responsibility.

Other experts that could be involved in these cases include occupational and environmental specialists. They can provide insight into the safety protocols which are in place at a particular work site or company, and how they 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 shaking out clothing contaminated with asbestos can cause asbestos fibers to release and be inhaled.

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