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5 Laws Anybody Working In Asbestos Litigation Defense Should Know
Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough analysis of a plaintiff's work history, medical records and testimony. We often use a bare metal defense, which focuses on proving that your company didn't make, sell, or distribute asbestos-containing products that are the subject of the claimant's lawsuit.

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

Statute of Limitations

The majority of lawsuits have to be filed within a specific time frame, also known as the statute of limitations. In asbestos cases the deadline to file a lawsuit is between one and six years after a victim is diagnosed with an asbestos-related condition. 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, which includes interviews with former colleagues and the careful review of Social Security, union, tax and other documents.

Defending an asbestos case involves a number of complex issues. Asbestos sufferers may develop a mild illness, such as asbestosis, before they are 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 knew or reasonably ought to have realized that their asbestos exposure caused the disease.

These cases are made more complex due to the fact that the statute of limitations can differ from state to state. In these instances an experienced mesothelioma lawyer will try to file the case in the state where the majority of the alleged exposure occurred. This can be a challenging job, since asbestos victims often move around the country to find work and the alleged exposure could have occurred in several states.

In addition, the process of discovery is a challenge in asbestos litigation. In contrast to other types of personal injury cases, which often involve only a few defendants, asbestos-related litigation usually involves dozens or more defendants. It can be difficult to obtain 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 extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation and manage local counsel and produce efficient and consistent results in coordination with the client's goals. We regularly appear before the trial judge and the coordinating judge as and litigation masters across the nation.

Bare Metal Defense

In the past, manufacturers of boilers, turbines 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 holds that a manufacturer cannot be held liable for asbestos-related injuries caused by replacement components that the company didn't design or install.

In the case Devries v. Devries, a Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets for equipment like pumps, valves and steam traps (Equipment defendants). He claimed that he was exposed to asbestos during his time at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has altered the nature of asbestos litigation and could affect the way that courts in other jurisdictions approach the issue of third-party parts that manufacturers include in their equipment. The Court stated that this application of the bare-metal defense was "cabined" in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that are not maritime.

This was the first time a federal appeals court 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 the "bare metal" defense as a way of avoiding the responsibility of a manufacturer to warn about harm caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing strategies for litigation, manage local and regional counsel and ensure an effective, cost-effective and consistent defense in line with their goals. Our attorneys also present at industry conferences about important issues that influence asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique strategy has proven to be effective in reducing exposure and legal expenses for our clients.

Expert Witnesses

An expert witness is one who has specialized skills, knowledge or experience and can provide independent advice to the court in the form of unbiased opinion concerning matters of his expertise. He should clearly state his opinion and the evidence or assumptions he is basing it on. He should also not overlook any aspect that could affect his conclusions.

In cases where asbestos exposure is claimed medical experts may be required to help evaluate the claimant's condition and identify any causal connections between the condition and the identified source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of experts. This can include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

If it's the defense or prosecution the role of an expert is to provide objective technical assistance. He should not act as an advocate or try to influence the jury in favor of his client. He should not attempt to convince the jury or promote an argument.

The expert should work with other experts to resolve any issues that are peripheral and identify any technical issues. The expert should also work with those who instruct him to identify areas of agreement and discord for the joint declaration of the expert as ordered by the court.

The expert must, at the end of his examination chief, explain his conclusions and the reasons behind them in a way that is easy to understand and clear. He should be able to answer questions posed by the judge or prosecution and be prepared to answer all questions that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our attorneys are able to counsel and manage regional and national defense counsel as well as regional and local experts as well as witnesses. Our team appears regularly before the asbestos litigation judges who coordinate across the nation as well as trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases that involve asbestos-related injuries because of the time lag between exposure to asbestos and onset symptoms. Waco asbestos attorney involve complex theories of injury that stretch for decades and connect hundreds or even dozens of defendants. It is nearly impossible for a claimant to prove their case without the help of experts.

Experts in medicine and other sciences are needed to evaluate the extent of a person's exposure and medical condition as well as provide information on future health issues. Experts like these are essential in any case and should be well-vetted and familiar with the field of study. The more experience the medical or scientific expert has, the more persuasive they will 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.


Other experts, such as industrial hygienists could be required to aid in establishing asbestos-related exposure levels. They can use sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air at a workplace or home to legal exposure standards.

These experts can be extremely useful when defending companies that manufactured 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 responsibility.

Other experts who 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 the liability of asbestos manufacturers. These experts can, for example, establish that renovation materials damaged during a remodel project may contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to be released.

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