Why Nobody Cares About Asbestos Litigation Defense

Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough examination of the plaintiff's employment history as well as medical records and evidence. We often use the bare metal defense which is focused on proving that your company didn't manufacture or sell the asbestos-containing products in question in the claimant's case.

Asbestos cases require a unique method and a persistent approach to achieve successful results. We are regional, local and national counsel.

Statute of limitations

The majority of lawsuits have to be filed within a certain time period, known as the statute of limitations. For asbestos-related 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 crucial for the defense to show that the injury was sustained within the timeframe. This often requires a thorough review and examination of the plaintiff's employment history, including interviews of former coworkers, as well as an in-depth examination of Social Security and union records as well as tax, tax, and other documents.

In defending an asbestos-related case, there are many complicated issues. Asbestos victims may suffer from a less severe disease, such as asbestosis, before being diagnosed with a fatal illness like mesothelioma. In these instances an attorney for defense will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably ought to have realized that their exposure to asbestos caused the disease.

The complex nature of these cases is exacerbated by the fact that the time limit for filing a lawsuit may vary between states. In these cases an experienced mesothelioma lawyer may try to file the case in the state in which the majority of the alleged exposure took place. This can be a challenging task since asbestos sufferers often moved across the country to find jobs, and the claimed exposure may have taken place in multiple states.

The discovery process can be difficult in asbestos litigation. Contrary to other types of personal injury cases, which typically involve only a few defendants, asbestos-related litigation usually involves a number of parties. It is often difficult to obtain relevant discovery when there are multiple defendants and the plaintiff's theory extends over a long period of time.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. Fayetteville asbestos lawyer collaborate closely with local and regional counsel to develop litigation strategies and manage local counsel and produce consistently cost-effective results that align with the client's goals. We regularly appear before coordinating and trial judges as well as litigation special masters, across the nation.

Bare Metal Defense

In the past, makers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits by asserting the "bare metal" doctrine or component part doctrine. This defense holds 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 Devries, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps and gaskets from equipment like pumps, valves and steam traps. He claimed that asbestos exposure occurred when working at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has changed the legal landscape for asbestos litigation and could affect the way that courts in other jurisdictions tackle the issue of third-party parts that manufacturers include in their equipment. The Court said that this use of the bare-metal defense was "cabined" in maritime law, but left open the possibility that other federal circuits to apply this doctrine to cases that aren't maritime.

This ruling was the first time that a federal appeals court applied the bare-metal defense in a lawsuit involving asbestos, and is an important departure from the traditional product liability law. The majority of courts have interpreted "bare metal" as a rejection of the obligation of a maker to warn about harms caused by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, manage regional and local counsel, and achieve an effective, cost-effective and consistent defense that is in line with their objectives. Our lawyers also speak at industry conferences on important issues that influence asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven successful in cutting down on our clients' exposure and legal costs.

Expert Witnesses

A person with specific expertise, skills or experience can be an expert witness. They provide independent assistance to a judge by providing an objective opinion on matters within their area of expertise. He should clearly state his opinions and the facts or assumptions he is basing it on. He should not ignore any factors that could influence his conclusions.

In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's health and the identification of any connection between their condition and a known source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of experts in the field. This includes doctors and nurses, pharmacists, toxicologists or epidemiologists, occupational health specialists and pharmacists.

Experts are available to provide an impartial technical support, whether they are representing the defense or the prosecution. He is not expected to assume the role as an advocate or seek to influence or convince the jury in favour of his client. He should not attempt to convince the jury or advocate for an argument.

The expert should work with the other experts to address any peripheral issues and narrow down any technical issues. The expert should also co-operate with the experts 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 should finish his examination, present his conclusions and the reasons behind them in a way that is clear and understandable. He should be prepared to answer questions from the prosecution or judge and should be willing to discuss any issues that are raised on cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can assist and advise national and regional defense counsel as along with local, regional and expert witnesses and experts. Our team is regularly in front of coordinating judges, trial judges and special masters in asbestos litigation across the nation.

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 frequently involve complex theories of injury that stretch for decades and connect dozens or even hundreds of defendants. This is why it is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientists are necessary to assess the extent of a person's exposure, evaluate their medical conditions and provide information about the possibility of future health issues. Experts like these are essential in any case and should be thoroughly checked and knowledgeable of the relevant field. The more experience the medical or scientific expert has the more convincing they will be.

Asbestos cases often require an expert in science or medicine to analyze the claimant's medical records and conduct a physical exam. These experts can testify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.

It could be necessary to consult with other experts, like industrial hygienists to establish the existence of asbestos exposure levels. They can utilize advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in the workplace or at home and compare these to legal exposure standards.

They can be useful in defending companies that produce or distribute asbestos-related products. They are often in a position to prove that the levels of exposure for plaintiffs were lower than the limits set by law, and that there was not evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.

Other experts in these instances include occupational and environmental specialists who can provide insight on the safety protocols at a specific workplace or business and how these protocols relate to the liability of asbestos manufacturers. They can be able to, for instance, prove that the materials used in a remodel project may contain asbestos or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to escape.