The No. 1 Question Anyone Working In Asbestos Litigation Defense Should Know How To Answer
Asbestos Litigation Defense
To defend companies against asbestos-related lawsuits, it is necessary to look into the plaintiff's medical records, work history and testimony. We typically use a bare metal defense that focuses on arguing your company didn't manufacture or sell the products containing asbestos in the plaintiff's lawsuit.
Asbestos cases are distinct and require an aggressive approach to achieving successful results. We serve as local, regional and national counsel.
Statute of limitations
The majority of lawsuits have to be filed within a certain time frame, also known as the statute of limitations. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related condition. For the defense it is essential to establish that the alleged injury or death did occur prior to this deadline. Often, this means reviewing the entirety of the plaintiff's employment background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other documents.
In defending asbestos cases, there are various complex issues. For instance, asbestos victims typically suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal illness such as mesothelioma. In these instances the attorney representing the defense will argue the statute of limitation should begin when the victim realized or should have reasonably believed that exposure to asbestos causes the disease.
These cases are complicated because the statute of limitations could differ from state to state. In these instances an experienced mesothelioma lawyer will attempt to file the case in the state where most of the alleged exposure occurred. This can be a challenging task as asbestos sufferers often move around the country in search of work and the alleged exposure could have occurred in a variety of states.
In addition, the process of discovery is challenging in asbestos litigation. In contrast to other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation usually includes dozens or more parties. This means it is often difficult to get meaningful discovery in these cases, especially when the plaintiff's argument for injuries spans decades and involves several different defendants.
The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to develop a strategy for litigation, manage local counsel and achieve consistent, cost-effective results in line with client objectives. We frequently appear in front of coordinating and trial judge, as also litigation masters across the country.
Bare Metal Defense
In the past, manufacturers of boiler, turbine and pump equipment have defended themselves in asbestos litigation by claiming an argument referred to as the "bare metal" or the component part doctrine. This defense argues that a company cannot be held responsible for asbestos-related harms caused by replacement components that the company didn't design or install.
In the case of Devries, an employee of a Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets for equipment like pumps, valves and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma several years later.
The Supreme Court's Devries decision has altered the nature of asbestos litigation, and could influence the way courts in other jurisdictions tackle the issue of third-party parts that manufacturers incorporate into their equipment. The Court stated that this application of the bare-metal defense was "cabined" in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that are not maritime.
This was the first time a federal appeals court used the defense of bare metal in a lawsuit involving asbestos, and represents quite a departure from the norms of product liability law. The majority of courts have understood "bare metal" as a rejection of the obligation of a manufacturer to inform about harms caused by replacement parts it did not manufacture or sale.
Lynchburg asbestos lawyer , Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop strategies for litigation, oversee regional and local counsel and achieve an efficient, cost-effective defense in coordination with their goals. Our lawyers also speak at industry conferences on major issues shaping asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating with the coordinating judges and trial courts as well as 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 knowledge, skills or experience can be an expert witness. They provide independent assistance to a court by offering an impartial opinion on matters that are within their area of expertise. He must clearly state his opinions and the facts or assumptions that he is basing it on. He should not ignore any factors that might affect his conclusions.
In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's health and the determination of any causal connection between their condition and an identified source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of experts. This includes pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists.
In the event of a prosecution or defence, an expert's role is to provide objective technical assistance. He should not assume the role of advocate, nor should he seek to influence or convince a jury to support his client. The obligation to the court is greater than the obligations he has to his client and he should not attempt to promote an argument or seek evidence to justify it.
The expert should work with other experts to address any peripheral issues 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 reason of the joint statement of experts commissioned by the court.
The expert must, at the end of his examination chief, discuss his conclusions and the reasoning behind them in a way that is easy to understand and clear. He should be ready to answer questions posed by the prosecution or judge, and be willing to discuss all issues that are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to manage and counsel national and regional defense counsel as well as local, regional and expert witnesses and experts. Our team is regularly in front of the coordinating judges, trial judges, and special masters of asbestos litigation across the country.
Medical Experts
Due to the issues of latency that occur between asbestos exposure and beginning of symptoms experts play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that stretch for decades and involve dozens or even hundreds of defendants. It is almost impossible for an individual to prove their case without the assistance of experts.
Experts in the fields of medicine and other sciences are required to determine the degree of exposure an individual has and medical condition as well as provide information on future health concerns. Experts like these are essential in any case and should be well-vetted and familiar with the subject matter. The more experience an expert in medical or scientific fields has, the more persuasive they will be.
Asbestos cases usually require a medical or scientific expert to examine the medical records of the plaintiff and conduct a physical examination. Experts can testify to whether exposure to asbestos was enough to cause an illness that is specific to him, like mesothelioma, lung cancer, or other types of scarring that affects the respiratory tract and lungs (e.g. the pleural plaques).
Other experts like industrial hygienists may be required to assist in establishing asbestos-related exposure levels. They can employ advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare them to the legal exposure standards.
These 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 exposure levels of plaintiffs were below legal limits and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.
Other experts involved in these cases include environmental and occupational experts who can provide insight into the adequacy of safety procedures at a particular workplace or company, and how such protocols relate to the liability of asbestos manufacturers. For instance, they can establish that renovation materials damaged during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and become inhaled.