The Most Innovative Things Happening With Asbestos Litigation Defense
Asbestos Litigation Defense
In order to defend companies against asbestos litigation in the future, it is essential to examine the medical records of the plaintiff as well as their work history, and testimony. We often employ the bare-metal defense, which is based on the argument that your company did not make or sell the asbestos-containing products at issue in the case of a claimant.
Asbestos cases are unique and require an aggressive strategy to achieve success. We are regional, local, and national counsel.
Statute of Limitations
Most lawsuits must be filed within a specified timeframe, referred to as the statute of limitations. In asbestos cases, this means the legal deadline for filing is between one and six years after a person is diagnosed with an asbestos-related condition. It is essential for the defense to show that the alleged injury occurred after the deadline. Often, this requires conducting a thorough review of the plaintiff's employment background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other documents.
Defending asbestos cases involves a variety of complex issues. For instance, asbestos victims typically develop a less serious illness such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these situations an attorney for defense will argue that the statute of limitations should start when the victim knew or reasonably ought to have realized that their asbestos exposure caused the disease.
The complex nature of these cases is complicated by the fact that the time limit for filing a lawsuit may vary between states. In these cases, an experienced mesothelioma lawyer will attempt to start the case in the state where the bulk of the exposure alleged occurred. This can be a daunting job, since asbestos victims often move around the country to find work, and the exposure could have occurred in a variety of states.
The process of discovery isn't always easy in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Rather than a few defendants, as is the case in most cases, there are often dozens of people involved. This means it can be hard to obtain an accurate discovery in these cases, particularly when the plaintiff's argument for injuries spans decades and involves 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 regional and local counsel to develop strategies for litigation and manage local counsel and ensure efficient and consistent results that align with client goals. We regularly appear before coordinating and trial judges and litigation special masters, in jurisdictions across the country.
Bare Metal Defense
In the past, manufacturers of boiler, turbine and pump and valve equipment have defended themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or component part doctrine. This defense states that a manufacturer can't be held accountable for asbestos-related injuries caused by replacement components that the company did not design or install.
In the case of Devries v. Devries, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's job included the removal and replacement insulation, steam traps, and gaskets from equipment such as valves, pumps and steam traps. He claimed he was exposed asbestos during his work in the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation and could impact the way courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this case is "cabined" to maritime law, but left open the possibility that other federal circuits will apply this doctrine to non-maritime cases as well.
This was the first time a federal appellate court ruled on the"bare-metal" defense in an asbestos case, and it's a significant departure from the traditional law regarding product liability. The majority of courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to warn about the potential harms caused by replacement parts it did not manufacture or sale.
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, oversee regional and local counsel, and ensure a an effective, cost-effective and consistent defense in coordination with their objectives. Our lawyers are invited to participate in conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm's experience includes representing clients in every state and working closely with coordinating judges and trial courts, as well as special masters. Our unique approach has been effective in reducing our clients' exposure and legal costs.
Expert Witnesses
An expert witness is someone who has specialized expertise, knowledge or experience and provides independent assistance to the court in the form of an impartial opinion on issues that fall within his area of expertise. He should clearly state the facts or assumptions upon which his opinions are based and should not be oblivious to consider issues that might affect his opinions.
In cases that involve allegations of exposure to asbestos, medical professionals are often asked to assist in the assessment of the claimant's illness and the identification of any causal connection between their condition and an identified source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of specialists in the field. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health specialists.
Experts are there to offer impartial technical assistance, whether they are representing the defense or the prosecution. He should not assume the role of advocate, nor should he seek to influence or convince the jury to favor his client. The duty to the court supersedes his obligations to his client and he should not attempt to promote an argument or seek evidence to back it.
The expert should collaborate with other experts to address any issues that are peripheral and narrow down any technical 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 declaration of experts ordered by the court.
The expert must finish his examination, present his conclusions and the reasons behind the conclusions in a manner that is easy to understand and clear. He must be able to answer questions from the prosecution or judge and be prepared to address any issues that are raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to advise and manage national and regional defense counsel and regional and local experts and witnesses. Our team is regularly in front of the asbestos litigation judges who coordinate across the nation and also before trial judges and special Masters.
Medical Experts
Due to the latency issues that arise between asbestos exposure and the appearance of symptoms experts play a significant role in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and involve dozens or hundreds of defendants. who asbestos litigation deal is why it is almost impossible for a plaintiff to prove their case without the help of experts.
Medical and other scientific experts are required to determine the extent of a person's exposure, assess their medical conditions and provide information about potential future health problems. Experts like these are essential to any case and should be thoroughly checked and knowledgeable of the field of study. The more experience a medical or scientific expert has, the more persuasive they'll be.
Asbestos cases often require an expert from a medical or scientific field to review the medical records of the plaintiff and conduct a physical exam. Experts can verify whether asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.
It could be necessary to consult with other experts, like industrial hygienists, in order to determine if there is asbestos exposure levels. They can use advanced analytical and sampling methods to determine the amount of asbestos in the air in a home or workplace to legal exposure standards.
These experts can also prove valuable in defending companies that produced or distributed asbestos-related goods as they often have the capability of demonstrating that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.
Other experts who may be involved in these instances are occupational and environmental specialists. They can provide insights into the safety procedures that exist at a particular workplace or company and how they are related to the liability of asbestos manufacturers. For example, these experts can establish that renovation materials that are disturbed during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers release and become inhaled.