10 Of The Top Mobile Apps To Asbestos Litigation Defense
Asbestos Litigation Defense
To defend companies against asbestos litigation in the future, it is essential to review the plaintiff's medical records, work history, and testimony. We typically employ a naked metal defense, which focuses on proving that your company didn't make, sell, or distribute the products containing asbestos that are the subject of the claimant's lawsuit.
Asbestos cases require an exclusive method and a persistent strategy to achieve success. We are regional, local and national counsel.
Statute of Limitations
Most lawsuits must be filed within a specific time period, known as the statute of limitations. For asbestos cases, this means the legal deadline for filing is between one and six years after the victim is diagnosed with an asbestos-related condition. To defend it is crucial to prove that the alleged injury or death did not occur prior to this timeframe. This often requires a thorough review and examination of the plaintiff's employment history, which includes interviews with former coworkers and a careful examination of Social Security and union records as well as tax and tax documents.
In defending asbestos cases, there are a variety of complex issues. For example, asbestos victims are more likely to suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these situations, a defense attorney will argue that the limitation period should begin when the victim was aware or reasonably should have known that their asbestos exposure caused the disease.
The difficulty of these cases is made more difficult by the fact that the time limit for filing a lawsuit may differ between states. In Fort Smith asbestos attorneys , an experienced mesothelioma lawyer may try to bring the case to a state where the majority of the alleged exposure took place. This can be a challenging task, as asbestos victims typically travel around the country to find work, and the exposure could have occurred in multiple states.
The process of discovery can be difficult in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are usually several people involved. It can be difficult to get significant discovery when there are many defendants, and the plaintiff's case stretches over decades.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with local and regional counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results in line with client objectives. We frequently appear in front of the trial judge and coordinating judge, as and litigation masters across the country.
Bare Metal Defense
Historically, manufacturers of boilers, turbines and pump and valve equipment have defended themselves in asbestos litigation by claiming 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 resulting from replacement parts that they did not design or manufacture.
In the case of Devries, an employee of a Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps, and gaskets from equipment, such as valves, pumps, and steam traps. He claimed asbestos exposure occurred when working at the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation and may influence the way that courts in other jurisdictions tackle the issue of third-party parts that manufacturers add to equipment. The Court declared that the 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 aren't maritime.
This ruling was the first time an appeals court of the federal level has applied the bare metal defense in an asbestos lawsuit, and is quite a departure from the norms of product liability law. Most courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn about the dangers posed by replacement parts it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our client develop litigation strategies, manage regional and local counsel, and ensure an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys also present at conferences for industry professionals on the major issues shaping asbestos litigation. Our firm's experience includes defending clients across the nation and working closely with coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven to be successful in reducing legal expenses for our clients.
Expert Witnesses
A person who has specialized knowledge, skills or experience is an expert witness. They offer independent assistance to a court by providing an unbiased opinion on matters within their expertise. He should clearly state his opinion and the facts or assumptions he is basing it on. He should not overlook any aspects that could influence his conclusions.
In cases involving allegations of exposure to asbestos, medical professionals are often required to assist in the assessment of the claimant's health and the determination of any connection between their condition and an identified source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of specialists. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health professionals.
Experts are there to offer impartial technical assistance, whether they represent the prosecution or the defence. He should not assume the role as an advocate, nor should he seek to influence or convince the jury to support his client. He should not attempt to convince the jury or make an argument.
The expert should co-operate with other experts in trying to resolve any technical issues at a very early stage and eliminate any other peripheral issues. The expert should also co-operate with the people who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts ordered by the court.
At the conclusion of his chief examination the expert must explain his conclusions and the reasoning behind them in a clear and comprehensible way. He should be able to answer questions posed by the judge or prosecution and be willing to discuss all issues that were raised during cross-examination.
Cetrulo LLP is well versed in the defense of clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to counsel and manage regional and national defense counsel as well as regional and local experts and witnesses. Our team regularly appears before trial judges, coordinating judges and special masters in asbestos litigation across the nation.
Medical Experts
Due to the issues of latency that occur between asbestos exposure and the onset of symptoms experts are a crucial part in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and connect hundreds or dozens of defendants. This is why it's nearly impossible for a plaintiff to establish their case without the help of experts.
Experts in medicine and other sciences are required to determine the extent of a person's exposure and their medical condition, and also to provide insight into future health concerns. Experts like these are essential to any case and must be well-vetted and familiar with the field of study. The more experience an expert in science or medicine has, the more persuasive they is.
Asbestos cases often require a medical or scientific expert to review the medical records of the claimant and conduct a physical examination. Experts can determine if asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.
It could be necessary to consult other experts, such as industrial hygienists, in order to determine if there is asbestos exposure levels. They can employ advanced sampling and analytical techniques to determine the amount of asbestos in the air in a home or workplace and compare these to legal exposure standards.
These experts can be useful in defending companies that produce or distribute asbestos-related products. They are often capable of proving that plaintiffs' exposure levels were lower than the limits set by law, and that there was no evidence of employer negligence or product manufacturer responsibility.
Other experts that could be involved in these cases are occupational and environmental specialists. They can provide information into the safety protocols which are in place at a particular workplace or business, and how they connect to asbestos manufacturers' liability. These experts could, for example, establish that renovation materials disturbed in the course of remodeling could contain asbestos or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to escape.