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10 Things You Learned In Kindergarden That Will Help You With Asbestos Litigation Defense
Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough examination of a plaintiff's history of work and medical records, as well as testimony. We typically use a bare metal defense, which focuses on proving that your company did not manufacture or sell asbestos-containing products in the plaintiff's lawsuit.

Asbestos cases are special and require an aggressive approach to achieving successful results. We are regional, local, and national counsel.


Statute of Limitations

The statute of limitations is a time limit within which lawsuits are required to be filed. In asbestos cases the deadline to file an action is between one and 6 years after a person is diagnosed with an asbestos-related disease. To defend it is essential to prove that the claimed injury or death did not occur prior to the deadline. In most cases, this involves conducting a thorough review of the plaintiff's work background, including interviews with former colleagues and the careful review of Social Security, union, tax and other documents.

Defending asbestos cases involves various complex issues. Asbestos-related victims can develop a mild disease, such as asbestosis, prior to being diagnosed with a fatal disease like mesothelioma. In these instances the attorney representing the defense will argue that the limitation period should start when the victim was aware or ought to have known that asbestos exposure caused their illness.

The difficulty of these cases is exacerbated by the fact that the statute of limitations may differ between states. In these instances an experienced mesothelioma lawyer will attempt to present the case in the state where the bulk of the exposure alleged to have taken place. This can be a challenging task as asbestos patients often moved across the country to find jobs, and the claimed exposure may have taken place in several states.

Finally, the discovery process is difficult in asbestos litigation. In contrast to other personal injury cases, which typically involve only a few defendants, asbestos-related litigation typically involves a number of parties. It can be hard to get meaningful discovery in these cases, especially when the plaintiff's argument for injuries spans decades and connects multiple defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to develop strategies for litigation, manage local counsel, and produce efficient and consistent results that align with the client's goals. We regularly appear before coordination and trial judges, as well as special masters of litigation, in jurisdictions across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines, pumps and valves have defended themselves from asbestos lawsuits by asserting the "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injuries caused by replacement parts they did not install or manufacture.

In the case of Devries, an employee at the Tennessee Eastman chemical plant sued various equipment manufacturers over 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 asbestos was ingested during his time at the plant, and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has changed the landscape of asbestos litigation and could affect the way courts in other jurisdictions approach the issue of third-party components that manufacturers incorporate into their equipment. The Court declared that the use of the bare-metal defense in this case is "cabined" to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to non-maritime cases also.

This decision was the first time a federal appeals court applied the bare metal defense in a asbestos lawsuit and represents a significant departure from traditional product liability law. Most courts have interpreted the "bare metal" defense as a rejection of the responsibility of a manufacturer to warn about harm caused by replacement parts that they did not make 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 to develop strategies for litigation, oversee local and regional counsel and achieve an efficient, cost-effective defense in line with their goals. Our attorneys also speak at industry conferences about important issues that influence asbestos litigation. Our firm's experience includes representing clients in every state and working closely with the coordinating judges, trial courts and litigation special masters. Our unique strategy has proven successful in reducing legal expenses for our clients.

Expert Witnesses

An expert witness is someone who has specialized skills, experience or knowledge and can provide independent advice to the court with the aid of unbiased opinion concerning matters of his field of expertise. He must clearly state the facts or assumptions upon the basis of his opinion and must not fail to consider matters which might affect his conclusions.

In cases where asbestos exposure is suspected, medical experts may be required to assess the claimant's condition and identify any causal connections between the condition and the identified source of exposure. Many of the illnesses caused by asbestos are extremely complex, and require the expertise of experts in the field. This could include doctors and nurses pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.

Experts are available to provide impartial technical assistance, whether they represent the defense or the prosecution. He is not expected to assume the role of an advocate and should not try to influence or convince the jury in favour of his client. The obligation to the court is greater than the obligations he has to his client. He should not attempt to promote a particular argument or find evidence to support it.

The expert should work with the other experts when trying to resolve any technical issues at an early stage and eliminate any peripheral matters. The expert should also work with the people who instruct him to pinpoint areas of agreement and discord for the joint declaration of the expert as ordered by the court.

The expert must at the conclusion of his examination chief, discuss his conclusions and the reasons for them in a way that is clear and easy to comprehend. He should be prepared to answer any questions from the judge or prosecution and be able to answer all questions raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can assist and advise national and regional defense counsel as well as local, regional and expert witnesses and experts. Our team appears regularly before the asbestos litigation judges who coordinate across the nation, as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that arise between asbestos exposure and appearance of symptoms Expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that can span decades and link dozens or even hundreds of defendants. It is nearly impossible for a claimant to prove their case without the assistance of experts.

Medical and other experts in the field are necessary to assess the extent of a person's exposure, assess their medical conditions, and provide insight into possible health issues that could arise in the future. These experts are crucial to any case and must be thoroughly vetted and knowledgeable about the subject matter. The more experience an expert in medical or scientific fields has, the more persuasive they'll be.

Asbestos cases typically require a medical or scientific expert to examine the medical records of the claimant and conduct a physical examination. Experts can determine if asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.

Daly City asbestos lawyers may be necessary to consult other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can utilize advanced sampling and analytical techniques to assess the levels of asbestos in the air in a workplace or home and compare them to the legal exposure standards.

They can be useful in defending companies that manufacture or distribute asbestos-related products. They are usually able to demonstrate that the exposure levels of plaintiffs were not in the range of legal limits, and that there was no evidence of negligence by the employer or the responsibility of the manufacturer of the product.

Other experts involved in these cases include environmental and occupational experts who can provide insight on the safety protocols at a given work site or company and how they are related to the liability of asbestos manufacturers. They can, for example, establish that renovation materials damaged during the course of a remodel could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to escape.

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