Where Will Asbestos Litigation Defense Be One Year From Now?
Asbestos Litigation Defense
In order to defend businesses against asbestos-related lawsuits and claims, it is essential to examine the medical records of the plaintiff, work history, and testimony. We typically use the bare metal defense which focuses on arguing that your company didn't manufacture, sell or distribute the asbestos-containing products at issue in the case of a claimant.
Asbestos cases are distinct and require an aggressive approach to achieve successful results. We are regional, local, and national counsel.
Statute of Limitations
The statute of limitations is a time limit within which lawsuits are required to be filed. In asbestos cases the deadline for filing a lawsuit is between one and six years after a person is diagnosed with an asbestos-related illness. It is crucial for the defense to prove that the injury occurred after the deadline. This usually requires a thorough review and examination of the plaintiff's employment history, including interviews of former coworkers, and a thorough examination of Social Security and union records as well as tax, tax, and other documents.
Defending asbestos cases involves various 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 disease like mesothelioma. In these cases an attorney for defense will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably ought to have known that their asbestos exposure caused the disease.
The complex nature of these cases is exacerbated by the fact that the statute of limitations can 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 patients frequently moved around the country in search of jobs, and the claimed exposure could have occurred in several states.
The process of establishing the facts can be a challenge in asbestos litigation. In contrast to other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation typically involves a number of defendants. It is often difficult to obtain meaningful discovery when there are many defendants and the plaintiff's claim stretches over decades.
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 a strategy for litigation, manage local counsel and achieve consistent, cost-effective results, in coordination with client objectives. We frequently appear in front of the trial judge and coordinating judge, as and litigation masters across the nation.
Bare Metal Defense
In the past, manufacturers of turbine, boiler and pump equipment have successfully defended themselves against asbestos litigation by asserting an argument referred to as the "bare metal" or component part doctrine. This defense argues that a company cannot be held accountable for asbestos-related injuries caused by replacement components that the company did not make or install.
In the case of Devries, an employee at a Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed that asbestos was ingested while working at the plant, and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation and could affect the way that courts in other jurisdictions approach the issue of third-party parts that manufacturers incorporate into their equipment. The Court declared that the application of the bare-metal defense is "cabined" in maritime law but left open the possibility for other federal circuits to apply this doctrine to cases that are not maritime.
This decision was the first time that a federal appeals court has applied the bare metal defense in a asbestos lawsuit and is an important departure from the 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 that 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 help our client develop strategies for litigation, manage local and regional counsel, and provide a consistent, cost-effective defence in accordance with their goals. Our attorneys present at industry conferences on major issues that affect asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, judges and special masters of litigation. Our unique method has proven successful in reducing legal costs for our clients.
Expert Witnesses
A person who has specialized expertise, experience or knowledge is an expert witness. They offer independent assistance to a judge by providing an unbiased opinion on matters that are within their field of expertise. He should be able to clearly express his opinion and the evidence or assumptions he's basing it on. He should not ignore any factors that could influence his conclusions.
In cases that involve allegations of exposure to asbestos, medical professionals are often asked to assist in the evaluation of the claimant's health and the identification of any causal link between their condition and an identified source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of experts. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.
Whether it is the defense or prosecution the expert's job is to provide impartial technical assistance. He should not assume the position of an advocate, nor should he seek to influence or convince a jury in favour of his client. He should not try to convince the jury or promote an argument.
The expert should work with other experts in trying to resolve any technical issues at an early stage and eliminate any irrelevant matters. The expert should also collaborate with those who instruct him to pinpoint areas of agreement and disagreement in the joint statement of the expert as ordered by the court.
The expert should, at the end of his examination chief, discuss his conclusions and the reasons for them in a way that is easy to understand and clear. He should be prepared to answer questions from the prosecution or judge and should be willing to discuss any 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 attorneys are able to assist and manage national and regional defense counsel as well as local and regional experts and witnesses. Our team regularly appears before judges who are coordinating asbestos litigation across the country as well as trial judges and special Masters.
Medical Experts
Due to the latency issues that occur between asbestos exposure and the beginning of symptoms experts play a significant role in any case involving an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that can span decades and connect hundreds or even dozens of defendants. Due to this, it is almost impossible for a plaintiff to establish their case without the help of experts.
Experts in medicine and other sciences are needed to evaluate the degree of exposure an individual has and their medical condition, as well as provide insight into future health issues. Experts like these are essential to any case, and they must be thoroughly checked and knowledgeable in the relevant field. The more experience a medical or scientific expert has the more convincing they will be.
Asbestos cases typically require a medical or scientific expert to review the medical records of the plaintiff and conduct a physical examination. Experts can determine if asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.
It could be necessary to consult other experts, like industrial hygienists, in order to establish the existence of asbestos exposure levels. They can use sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air at the workplace or at home with the standards for exposure that are legally required.
Experts of this kind can be extremely useful in defending companies that produced or distributed asbestos-related goods as they are often capable of demonstrating that the levels of exposure of plaintiffs were lower than legal limits and that there was no evidence of employer negligence or the manufacturer's responsibility.
Other experts who may be involved in these instances are environmental and occupational specialists. They can provide insights into the safety procedures which are in place at a particular workplace or company, and how they connect to the liability of asbestos producers. For Boston asbestos lawsuit , these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos, or that shaking out contaminated clothing can cause asbestos fibers release and become inhaled.