The 3 Biggest Disasters In Asbestos Litigation Defense History
Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's history of work, medical records and testimony. We often use the bare metal defense which focuses on arguing that your company did not make or sell the asbestos-containing products at issue in a claimant's case.
Asbestos cases require a distinctive approach and a determined approach to achieve successful results. We act as 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 the legal deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related illness. For the defense it is essential to prove that the claimed injury or death did not occur within this deadline. This usually requires a thorough examination and examination of the plaintiff's employment history, including interviews of former coworkers and an in-depth study of Social Security and union records, as well as tax, tax, and other records.
Defending asbestos cases involves a variety of complex issues. For example, asbestos victims often develop a less serious illness like asbestosis prior to being diagnosed with a fatal disease such as mesothelioma. In these instances, a defense attorney will argue that the limitation period should begin when the victim was aware or reasonably ought to have known that their asbestos exposure caused the disease.
These cases are made more complex because the statute of limitations may differ from state to state. In these cases, a seasoned mesothelioma lawyer may try to present the case in the state where the bulk of the alleged exposure took place. This can be a daunting job, since asbestos victims often move around the country looking for work, and the exposure could have occurred in several states.
In Nashville asbestos lawsuit , the process of discovery is difficult in asbestos litigation. In contrast to other personal injury cases, which often involve only a few defendants, asbestos-related litigation usually involves a number of parties. This means it is often difficult to get an accurate discovery in these cases, particularly when the plaintiff's argument for injuries spans decades and binds several different 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 litigation strategy and manage local counsel to achieve consistent, cost-effective results in accordance with client objectives. We regularly appear in front of the trial judge and the coordinating judge as and litigation masters across the country.
Bare Metal Defense
In the past, makers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer cannot be held accountable for asbestos-related injuries resulting from replacement components that the company did not make or install.
In the case Devries v. Devries, an 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 valves, pumps and steam traps (Equipment Defendants). He claimed he was exposed asbestos while working in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's Devries decision has changed the nature of asbestos litigation, and could influence how courts in other jurisdictions approach the issue of third-party components manufacturers include in their equipment. The Court stated that the application of the bare metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to non-maritime cases as well.
This was the first time that a federal appeals court applied the bare-metal defense in a lawsuit involving asbestos, and represents an important departure from the traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a way of avoiding the responsibility of a manufacturer to warn of the dangers caused by replacement parts that they did not make or sell.
The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We help our client develop strategies for litigation, manage regional and local counsel, and provide an efficient, cost-effective defense in line with their goals. Our attorneys also speak at industry conferences on important issues that influence asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating closely with the coordinating judges and trial courts as well as litigation special masters. Our unique approach has been successful in decreasing our clients' risk and legal costs.
Expert Witnesses
A person with specific knowledge, skills or experience is an expert witness. They offer independent assistance to courts by providing an unbiased opinion on matters that are within their field of expertise. He must clearly state the facts or assumptions upon which his opinion is based and must not fail to look into matters that might affect his conclusions.
In cases that involve allegations of exposure to asbestos, medical professionals are often asked to assist in the assessment of the claimant's health and to determine if there is a causal link between their condition and a known source of exposure. Many of the illnesses associated with asbestos are very complex, requiring the expertise of experts in the field. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health specialists.
Experts are there to offer unbiased technical assistance, regardless of whether they are representing the prosecution or the defense. He should not assume the role as an advocate and should not try to influence or persuade the jury in favour of 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 narrow any technical issues at a very early stage and eliminate any irrelevant matters. The expert should also collaborate with those who instruct him to pinpoint areas of agreement and discord in the joint statement of the expert commissioned by the court.
At the conclusion of his main examination the expert should be able to explain his conclusions and the reasoning behind them in a clear and comprehensible way. He should be ready to answer questions posed by the judge or prosecution and be prepared to answer all questions that were raised during cross-examination.
Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys can assist and advise national and regional defense counsel as along with local regional, expert witnesses and experts. Our team regularly appears before trial judges, coordinating judges, and special masters in asbestos litigation across the nation.
Medical Experts
Expert witnesses are extremely important in cases that involve asbestos-related injuries because of the latency between exposure to asbestos and onset symptoms. Asbestos cases often involve complex theories of injury that can span decades and connect dozens or even hundreds of defendants. This is why it's nearly impossible for a plaintiff to establish their case without the assistance of experts.
Medical and other scientists are required to determine the extent of a claimant's exposure, evaluate their medical conditions and offer insight into possible health issues that could arise in the future. Experts like these are essential to any case, and should be thoroughly vetted and educated in the relevant field. The more experience an expert in medicine or science has the more persuasive he will be.
Asbestos cases usually require an expert in science or medicine to analyze the claimant's medical records and conduct a physical examination. Experts can verify whether asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.
It could be necessary to consult with other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can employ sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home to legal exposure standards.
These types of experts can be extremely useful when defending companies who manufactured or distributed asbestos-related products as they can often be able of proving that the levels of exposure of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or manufacturer liability.
Other experts in these cases include environmental and occupational specialists who can provide insights into the quality of safety protocols at a specific workplace or company, and how they relate to asbestos manufacturers' liability. For example, these experts can establish that the materials that are disturbed during a remodel are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers release and become inhaled.