Notes

Meet The Steve Jobs Of The Asbestos Litigation Defense Industry
Asbestos Litigation Defense


The defense of companies against asbestos litigation requires a thorough review of a plaintiff's history of work as well as medical records and evidence. We typically employ a naked metal defense that focuses on arguing your company didn't make, sell, or distribute asbestos-containing products at issue in the claimant's lawsuit.

Asbestos cases require a distinctive method and a persistent approach to get results. We are regional, local and national counsel.

Statute of Limitations

The majority of lawsuits must be filed within a certain time period, known as the statute of limitations. In asbestos cases the deadline for filing an action is between one and 6 years after a person is diagnosed with an asbestos-related disease. For the defense, it is important to prove that the alleged injury or death did not occur within this deadline. Often, this means conducting a thorough review of the plaintiff's employment history, which includes interviews with former coworkers as well as the careful review of Social Security, union, tax and other records.

Defending an asbestos case involves several complex issues. Asbestos victims may develop a less severe illness, such asbestosis, prior to being diagnosed with a fatal disease like mesothelioma. In these cases, the defense attorney will argue the time limit should be set when the victim knew or should have reasonably believed that exposure to asbestos causes the disease.

These cases are made more complex due to the fact that the statute of limitations could vary from state to state. In these cases, an experienced mesothelioma lawyer will attempt to file the case in the state where most of the alleged exposure occurred. This can be a daunting task, as asbestos victims frequently travel across the country to find work and the alleged exposure could have occurred in a variety of states.

The process of establishing the facts can be a challenge in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are typically dozens of people involved. As a result, it can be difficult to get relevant evidence in these cases, particularly when the plaintiff's claim of injuries spans decades and binds multiple defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with regional and local counsel to formulate a strategy for litigation and manage local counsel to get consistent, cost-effective results in line with the client's goals. We regularly appear before coordinating and trial judges, as well as special masters of litigation, in jurisdictions across the country.

Bare Metal Defense

The past has seen manufacturers of turbine, boiler and pump and valve equipment have defended themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or the component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injuries resulting from replacement parts they did not design or manufacture.

In the case of Devries, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets on equipment like pumps, valves and steam traps (Equipment defendants). He claimed asbestos exposure occurred while working at 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, and may impact how courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court said that the application of the bare metal defense in this case is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits could apply this principle to non-maritime cases as well.

This ruling was the first time an appeals court of the federal level has applied the bare metal defense in a asbestos lawsuit and is an important departure from the traditional product liability law. Most courts have interpreted this "bare metal" defense as a way of avoiding the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts that they did not make or sell.

The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We assist our clients to develop strategies for litigation, oversee local and regional counsel, and achieve consistent, cost-effective defense that is in line with their goals. Our lawyers also speak at conferences for industry professionals on the major issues shaping asbestos litigation. Our firm's experience includes representing clients in every state and collaborating closely with the coordinating judges, trial courts and litigation special masters. Our unique strategy has proven effective in reducing our clients' exposure and legal costs.

Expert Witnesses

A person with specialized knowledge, skills or experience can be an expert witness. They provide impartial assistance to a court by providing an objective opinion on matters within their area of expertise. He must be able to clearly articulate the facts or assumptions upon which his opinion is based and must not fail to consider issues that might affect his opinions.

In cases where asbestos exposure is suspected medical experts could be required to evaluate the claimant's health and determine any causal links between the condition and the source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This can include doctors and nurses pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists and pharmacists.

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

The expert should work with the other experts to eliminate any peripheral issues and identify any technical issues. The expert should also co-operate with the experts who instruct him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts ordered by the court.

The expert should at the conclusion of his examination, present his conclusions and the reasons behind them in a manner that is clear and easy to comprehend. He should be prepared to answer questions from the prosecution or the judge and be prepared to address any points which are raised during cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can manage and counsel national and regional defense counsel as well as local, regional and expert witnesses and experts. You Tube appears before trial judges, coordinating judges, and special masters in asbestos litigation across the country.

Medical Experts

Due to the latency issues that occur between asbestos exposure and the onset of symptoms, expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and involve hundreds or even dozens of defendants. It is nearly impossible for an individual to prove their case without the help of experts.

Experts in the field of medicine and other science are required to assess the extent of an individual's exposure and medical condition, as well as to provide information on future health issues. These experts are crucial to any case, and should be thoroughly vetted and knowledgeable in the relevant field. The more experience an scientist or doctor has the more persuasive they is.

Asbestos cases usually require an expert from a medical or scientific field to analyze the claimant's medical records and conduct a physical examination. These experts can testify as to whether the claimant's exposure to asbestos was enough to cause a specific medical condition such as mesothelioma, lung cancer, or other types of scarring in the respiratory tract and lungs (e.g. the pleural plaques).

Other experts, such as industrial hygienists might also be needed to assist in establishing asbestos-related exposure levels. They can employ advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in a workplace or home and compare these to legal exposure standards.

Experts of this kind can be extremely useful in defending companies that produced or distributed asbestos-related products as they often have the capability of proving that the levels of exposure 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 environmental and occupational specialists who can provide insight into the quality of safety protocols at a given workplace or business and how such protocols relate to the liability of asbestos manufacturers. For example, 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 release and become inhaled.

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