Ten Things You Learned In Kindergarden To Help You Get Started With Asbestos Litigation Defense
Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's history of work, medical records and testimony. We typically employ a naked metal defense that focuses on arguing your company did not manufacture, sell, or distribute the products containing asbestos at issue in the claimant's lawsuit.
Asbestos cases require a unique approach and a tenacious approach to achieve successful results. We are local, regional and national counsel.
Statute of limitations
The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases, this means that the deadline for filing a lawsuit is between one and six years after a person becomes diagnosed with an asbestos-related condition. It is important for the defense to prove that the injury was sustained within the timeframe. Often, this requires an exhaustive review of the plaintiff's employment background, including interviews with former colleagues and the careful review of Social Security, union, tax and other records.
In defending an asbestos-related case, there are many complicated issues. Asbestos sufferers may develop a mild illness, such as asbestosis, prior to being diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue that the statute of limitation should begin when the victim knew or should have reasonably known that exposure to asbestos causes their illness.
These cases are made more complex because the statute of limitations may differ from state to state. In these instances, an experienced mesothelioma lawyer will attempt to start the case in the state where the majority of the alleged exposure occurred. This can be a daunting task, as asbestos victims often move around the country in search of work and the alleged exposure could have occurred in multiple states.
The process of establishing the facts can be difficult in asbestos litigation. In contrast to other types of personal injury cases, which typically contain only a few defendants, asbestos-related litigation typically includes dozens or more parties. As a result, it is often difficult to obtain meaningful discovery in these cases, particularly when the plaintiff's claim of injuries spans decades and binds multiple 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 develop strategies for litigation and manage local counsel and achieve consistent and cost-effective results while coordinating with the goals of our clients. We regularly appear before coordination and trial judges and special masters of litigation in jurisdictions across the country.
Bare Metal Defense
In the past, makers of turbines, boilers, valves and pumps have defended themselves from asbestos lawsuits by asserting the "bare metal" doctrine or 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 to treat his mesothelioma. The plaintiff's job included the removal and replacement of insulation, steam traps, and gaskets from equipment such as pumps, valves, and steam traps. He claimed asbestos was ingested while working at the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has changed the nature of asbestos litigation, and could influence the way that courts in other jurisdictions tackle the issue of third-party components manufacturers add to equipment. The Court declared that the application of the bare-metal defense is "cabined" in maritime law, but left open the possibility that other federal circuits to apply this doctrine to cases that are not maritime.
This ruling was the first time a federal appeals court applied the bare-metal defense in a asbestos lawsuit and is a significant departure from traditional product liability law. Most courts have interpreted this "bare metal" defense as rejecting the responsibility of a manufacturer to warn of the dangers caused by replacement parts it did not create or sell.
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 efficient, cost-effective defense that aligns with their objectives. Our lawyers speak at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique method has proven effective in cutting down on our clients' exposure and legal costs.
Expert Witnesses
A person with specialized expertise, skills or experience can be an expert witness. They provide independent assistance to a court by providing an unbiased opinion on matters within their field of expertise. He must clearly state the facts or assumptions on which his opinion is based and must not fail to consider matters which could detract from his concluded conclusions.
In cases involving allegations of exposure to asbestos, medical professionals are often required to assist in the evaluation of the claimant's condition and the identification of any connection between their condition and the identified source of exposure. A lot of the diseases associated with asbestos are very complex, and require the expertise of specialists in the field. This can include doctors and nurses, pharmacists, toxicologists or occupational health specialists, epidemiologists and pharmacists.
Experts are there to provide impartial technical assistance, whether they are representing the prosecution or the defence. He should not act as an advocate or try to influence the jury to favor his client. He should not attempt to convince jurors or promote an argument.
The expert should co-operate with the other experts in trying to reduce any technical issues at a very early stage and eliminate any other peripheral issues. The expert should also co-operate with those instructing him in identifying areas of agreement and disagreement for the purpose of the joint declaration of experts commissioned by the court.
At the conclusion of his chief examination, the expert should explain his conclusions and the reasons for them in a clear and understandable manner. He should be ready to answer any questions from the prosecution or judge, and be able to answer all questions raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can handle and advise national and regional defense counsel as along with local regional, expert witnesses and experts. Our team is regularly in front of 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 involving asbestos-related injuries due to the time lag between exposure to asbestos and beginning symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and connect hundreds or dozens of defendants. Because of Peoria asbestos attorneys , it is almost impossible for a plaintiff to establish their case without the assistance of experts.
Medical and other experts in the field are necessary to assess the extent of a claimant's exposure, assess their medical conditions and offer insight into possible health issues that could arise in the future. Experts like these are essential in any case and should be thoroughly vetted and knowledgeable about the relevant field. The more experience the medical or scientific expert has the more convincing they will be.
In a majority of asbestos cases, an expert in medicine or a scientist is required to look over the records of the claimant and conduct a physical exam. Experts can verify whether asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.
Other experts, such as industrial hygienists might be required to aid in establishing the existence of asbestos-related exposure levels. They can utilize sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air in a home or workplace to the legal exposure standards.
These experts are also useful in defending companies that produced or distributed asbestos-related products as they are often capable of demonstrating that the exposure levels of plaintiffs were below legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.
Other experts in these instances include environmental and occupational experts who can provide insights into the adequacy of safety protocols at a given workplace or company, and how they are related to the liability of asbestos manufacturers. They can determine, for instance, that renovation materials disturbed in the course of a remodel could contain asbestos or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to escape.