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4 Dirty Little Secrets About The Asbestos Litigation Defense Industry
Asbestos Litigation Defense

In order to defend businesses against asbestos litigation in the future, it is essential to look into the medical records of the plaintiff as well as their work history and testimony. We often employ the bare-metal defense, which is based on the argument that your company did not make, sell or distribute the asbestos-containing products at issue in the case of a claimant.

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

Statute of limitations

The statute of limitations is a period within which the majority of lawsuits have to be filed. For asbestos cases, this means that the legal deadline for filing is between one and six years after a person 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 within this timeframe. In most cases, this involves an exhaustive review of the plaintiff's work history, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.

In defending asbestos cases, there are a variety of complex issues. For instance, asbestos-related victims typically suffer from a less serious disease such as asbestosis before 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 was aware or ought to have known that exposure to asbestos caused their disease.

The complexity of these cases is also complicated by the fact that the statute of limitations can differ between states. In these cases, an experienced mesothelioma lawyer will attempt to start the case in the state where most of the alleged exposure occurred. This can be a challenging task, as asbestos victims frequently travel across the country looking for work, and the exposure could have occurred in multiple states.

The discovery process is challenging in asbestos litigation. Contrary to other personal injury cases, which often involve only a few defendants, asbestos-related litigation usually includes dozens or more defendants. It can be difficult to get relevant information when there are multiple defendants and the plaintiff's theory is spanning decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience 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, manage local counsel, and achieve consistent and cost-effective results while coordinating with client goals. We frequently appear in front of the trial judge and the coordinating judge as also litigation masters across the nation.

Bare Metal Defense

Historically, manufacturers of boilers, turbines, pump and valve equipment have defended themselves in asbestos litigation by claiming the defense referred to as the "bare metal" or component part doctrine. This defense states that a manufacturer cannot be held responsible for asbestos-related injuries resulting from replacement components that the company did not make or install.

In the case of Devries, an employee at the Tennessee Eastman chemical plant sued several equipment manufacturers to treat mesothelioma. Elk Grove asbestos lawyers YouTube of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment such as valves, pumps and steam traps (Equipment defendants). He claimed that asbestos was ingested when working at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has altered the nature of asbestos litigation and could affect the way the courts in other jurisdictions deal with the issue of third-party components that manufacturers include in their equipment. The Court declared that the use of the bare metal defense in this instance is "cabined" to maritime law however, it left open the possibility that other federal circuits might apply this doctrine to non-maritime cases also.

This was the first time an appeals court of the federal level has applied the bare metal defense in a asbestos lawsuit and is quite a departure from the norms of product liability law. The majority of courts have interpreted the "bare metal" defense as rejecting the responsibility of a manufacturer to warn about harm caused by replacement parts that it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop strategies for litigation, manage local and regional counsel, and ensure an efficient, cost-effective defense in accordance with their goals. Our attorneys also present at industry conferences about major issues shaping asbestos litigation. Our firm's experience includes defending clients across the nation and working closely with the coordinating judges and trial courts, as well as special masters. Our unique strategy has proven successful in cutting down on our clients' exposure and legal costs.


Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They provide impartial assistance to courts by providing an unbiased opinion on issues within their area of expertise. He should be able to clearly express his views and the evidence or assumptions he's basing it on. He should not overlook any aspects that might affect his conclusions.

In cases where asbestos exposure is alleged, medical experts may be required to help evaluate the claimant's health and determine any causal links between the condition and the 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, and occupational health specialists.

Experts are there to offer unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. He should not 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 jurors or advocate for an argument.

The expert should work with the other experts to eliminate any peripheral issues and identify any technical issues. The expert should also collaborate with those who are instructing him to pinpoint areas of agreement and discord for the joint declaration of the expert commissioned by the court.

The expert should at the conclusion of his examination, present his conclusions as well as the reasons behind them in a manner that is clear and understandable. He must be able to answer questions from the prosecution or the judge and should be willing to address any issues that are raised during cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys are able to advise and manage national and regional defense counsel, as well as local and regional experts and witnesses. Our team is regularly in front of trial judges, coordinating judges, and special masters of asbestos litigation across the nation.

Medical Experts

Due to the latency issues that occur between asbestos exposure and the onset of symptoms Expert witnesses are a crucial part in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and connect hundreds or even dozens of defendants. Due to this, it's nearly impossible for a plaintiff to prove their case without the help of experts.

Experts in the fields of medicine and other sciences are needed to evaluate the extent of an individual's exposure and medical condition as well as give insight into the future health concerns. Experts like these are essential to any case, and must be thoroughly examined and knowledgeable in the field they are working in. The more experience an expert in medicine or science has the more persuasive they is.

In a majority of asbestos cases, a medical expert or scientist is required to review the records of the claimant and conduct an examination. Experts can verify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.

It may be necessary to consult other experts, like industrial hygienists, in order to determine if there is asbestos exposure levels. They can utilize advanced analytical and sampling techniques to compare airborne asbestos levels at a workplace or home with the standards for exposure that are legally required.

These experts can be very useful in defending companies that manufacture or distribute asbestos-related products. They often are able to demonstrate that plaintiffs' exposure levels were lower than the limits set by law, and that there was no evidence of employer negligence or manufacturer liability for the product.

Other experts in these instances include occupational and environmental specialists who can offer insights into the quality of safety protocols at a given work site or company and how these protocols are related to asbestos manufacturers' liability. They can be able to, for instance, prove that the materials used in the course of remodeling could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to release.

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