Notes

Asbestos Litigation Defense: The Good, The Bad, And The Ugly
Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough examination of a plaintiff's work history and medical records, as well as testimony. We typically use the bare metal defense which is based on the argument that your company was not able to manufacture, sell or distribute the asbestos-containing products at issue in the claimant's case.

Asbestos cases require an exclusive approach and a determined approach to get results. We are regional, local and national counsel.

Statute of Limitations

The statute of limitations is a time limit within which most lawsuits must be filed. For asbestos cases, that means the deadline for filing a lawsuit is between one and six years after a victim is diagnosed with an asbestos-related disease. It is crucial for the defense to prove that the alleged injury occurred after the deadline. Often, this means reviewing the entirety of the plaintiff's work history, including interviews with former coworkers as well as the careful review of Social Security, union, tax and other documents.

In defending an asbestos-related case, there are many complicated issues. Asbestos-related victims can suffer from a less severe illness, such as asbestosis, before they are diagnosed with a fatal disease such as mesothelioma. In these instances, a defense attorney will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos triggered the disease.

The complexity of these cases is made more difficult by the fact that the time limit for filing a lawsuit may vary between states. In these cases an experienced mesothelioma lawyer will attempt to present the case in the state where the bulk of the alleged exposure took place. This may be a difficult task because asbestos victims frequently moved around the country in search of employment, and the alleged exposure may have taken place in multiple states.

The process of discovery isn't always easy in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are usually several parties involved. This means it is often difficult to get an accurate discovery in these cases, especially when the plaintiff's claim of injuries spans decades and involves many defendants.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and ensure consistently cost-effective results while coordinating with the client's goals. We regularly appear before the trial judge and the coordinating judge as well as litigation masters, across the country.

Bare Metal Defense


Historically, manufacturers of turbine, boiler and pump and valve equipment have sought to defend themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or the component part doctrine. This defense states that a company is not liable for asbestos-related injuries caused by replacement parts they did not manufacture or install.

In the case of Devries, an employee at a Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. Plaintiff's job entailed 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 asbestos while working in the plant and was diagnosed with mesothelioma a few years afterward.

The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation and may influence how courts in other jurisdictions approach the issue of third-party components manufacturers add to equipment. The Court said that the application of the bare-metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits could apply this doctrine to non-maritime cases, as well.

This ruling was the first time a federal appeals court applied the bare-metal defense in a lawsuit involving asbestos, and is a significant departure from traditional product liability law. The majority of courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to warn about harms caused by replacement parts it did not manufacture or sale.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop strategies for litigation, oversee local and regional counsel and provide an effective, cost-effective and consistent defense in accordance with their goals. Boise City asbestos lawyer YouTube participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven to be effective in reducing legal expenses for our clients.

Expert Witnesses

A person with specific expertise, skills or experience can be an expert witness. They offer independent assistance to courts by providing an unbiased opinion on matters within their expertise. He must be able to clearly articulate the facts or assumptions on which his opinions are based and must not fail to look into matters that could detract from his concluded conclusions.

In cases that involve allegations of exposure to asbestos, medical experts are often asked to assist in the evaluation of the claimant's health and the identification of any causal connection between their condition and a known source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of specialists. This can include doctors and nurses, pharmacists, toxicologists or occupational health specialists, epidemiologists and pharmacists.

If it's the defense or prosecution the expert's job is to provide objective technical assistance. Experts should not be an advocate or try to influence the jury in favor of his client. The duty to the court is greater than his duties to his client, and he should not attempt to promote an argument or seek evidence to justify it.

The expert should cooperate with the other experts when attempting to reduce any technical issues at a very early stage and eliminate any irrelevant issues. The expert should also work with the people who instruct him to determine areas of agreement and disagreement for the joint declaration of the expert commissioned by the court.

The expert must at the conclusion of his examination, present his conclusions as well as the reasons for them in a manner that is easy to understand and clear. He should be prepared to answer questions from the prosecution or the judge and be prepared to discuss any issues that are raised on cross-examination.

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

Medical Experts

Due to the latency issues that occur between asbestos exposure and appearance of symptoms Expert witnesses play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that span decades and link dozens or even hundreds of defendants. Because of this, it's nearly impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientific experts are necessary to assess the extent of a person's exposure, evaluate their medical conditions, and provide insight into potential future health problems. These experts are crucial in any case and should be thoroughly vetted and knowledgeable about the relevant field. The more experience an expert in medical or scientific fields has, the more persuasive they'll be.

In many asbestos cases, an expert in medicine or a scientist is required to look over the records of the claimant as well as perform an examination. These experts can testify whether asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.

It could be necessary to consult other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can employ advanced sampling and analytical techniques to determine the amount of asbestos in the air in a workplace or home and compare these to legal exposure standards.

These types of experts can be extremely useful when defending companies who manufactured or distributed asbestos-related products as they can often be able of demonstrating that the levels of exposure of plaintiffs were lower than the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.

Other experts who could be involved in these cases include occupational and environmental specialists. They can provide insights into the safety procedures that are in place at a specific work site or company, and how they are related to asbestos manufacturers' liability. For instance, these experts can establish that the materials 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.

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