Asbestos Litigation Defense
Defending companies from asbestos litigation requires a thorough examination of a plaintiff's history of work and medical records, as well as testimony. We often use the bare metal defense, which is based on the argument that your company was not able to manufacture, sell or distribute the asbestos-containing products that are at issue in the claimant's case.
Asbestos cases are unique and require an aggressive strategy to achieve success. We serve as local counsel, regional and national.
Statute of Limitations
The statute of limitations is a period within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related condition. In order to defend the case it is crucial to establish that the alleged injury or death did occur prior to the timeframe. This typically requires a thorough review and analysis of the plaintiff's employment history, which includes interviews with former coworkers and a thorough study of Social Security and union records, as well as tax, tax, and other records.
In defending an asbestos-related case, there are many complicated issues. For instance, asbestos victims often suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these instances the defense attorney will argue that the time limit should be set when the victim was aware or should have reasonably known that exposure to asbestos caused their illness.
These cases are complicated due to the fact that the statute of limitations may differ from state to state. In these cases a mesothelioma lawyer who is experienced will attempt to start the case in the state where most of the exposure alleged occurred. This could be a challenging task since asbestos sufferers often moved across the country in search of work, and the alleged exposure could have occurred in multiple states.
The process of establishing the facts can be difficult in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants, as is the case in most cases, there are often many parties involved. As a result, it can be difficult to get an accurate discovery in these cases, particularly when the plaintiff's claim of injuries spans decades and binds several different defendants.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to develop litigation strategies, manage local counsel, and produce consistently cost-effective results that align with the goals of our clients. We frequently appear before coordinating and trial judge, as also litigation masters across the nation.
Bare Metal Defense
In the past, manufacturers of boiler, turbine and pump and valve equipment have sought to defend themselves in asbestos litigation by asserting an argument referred to as the "bare metal" or component part doctrine. This defense states that a company is not responsible for asbestos-related injuries resulting from replacement parts that they did not manufacture or install.
In the case Devries v. Devries, an Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment such as pumps, valves and steam traps. He claimed that he was exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's decision in Devries has changed the course of asbestos litigation. It could affect how courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. 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 are not maritime.
This was the first time 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. Most courts have interpreted "bare metal" as a rejection of the obligation of a manufacturer to warn about harms caused by replacement parts it did not make or sale.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop litigation strategies, manage local and regional counsel, and ensure a consistent, cost-effective defence in coordination with their objectives. Our attorneys present at industry conferences on important issues that affect asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with the coordinating judges, trial courts and litigation special masters. Our unique approach has been successful in cutting down on our clients' exposure and legal costs.
Expert Witnesses
An expert witness is one who has specific skills, experience or knowledge and can provide independent advice to the court with the aid of unbiased opinion concerning matters within his field of expertise. He must be able to clearly articulate the facts or assumptions on which his opinion is based and must not fail to consider issues that might affect his opinions.
In cases involving allegations of exposure to asbestos, medical experts are often asked to assist in the evaluation of the claimant's illness and the identification of any causal link between their condition and the identified source of exposure. A lot of the diseases associated with asbestos are very complex, requiring the expertise of experts in the field. This could include nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists, and pharmacists.
Experts are available to provide an impartial technical support, whether they are representing the prosecution or the defence. He should not assume the position of an advocate and should not try to influence or convince the jury in favour of his client. He should not try to convince the jury or make an argument.
The expert should work with other experts to resolve any issues that are peripheral and identify any technical issues. The expert should also work with those who instruct him to determine areas of agreement and discord in the joint statement of the expert as ordered by the court.
After completing his chief examination the expert should be able to present his conclusions and the reasoning behind them in a clear and comprehensible manner. Sioux Falls asbestos attorney should be prepared to answer questions posed by the judge or prosecution and be able to address all points raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our attorneys are able to counsel and manage national and regional defense counsel, as well as regional and local experts and witnesses. Our team regularly appears before trial judges, coordinating judges, and special masters in asbestos litigation across the nation.
Medical Experts
Expert witnesses are vital in cases involving asbestos-related injuries due to the time lag between exposure to asbestos and onset symptoms. Asbestos cases often involve complex theories of injuries that can span decades and connect hundreds or even dozens of defendants. It is almost impossible for a claimant to prove their case without the help of experts.
Medical and other experts in the field are necessary to assess the extent of an individual's exposure, evaluate their medical conditions, and provide insight into possible health issues that could arise in the future. Experts like these are essential to any case and must be thoroughly checked and knowledgeable of the field of study. The more experience an expert in medical or scientific fields has the more convincing 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 examination. These experts can testify as to whether the claimant's exposure to asbestos was enough to cause a particular medical condition such as mesothelioma, lung cancer, or other forms of scarring on the respiratory tract and lungs (e.g. the pleural plaques).
It could be necessary to consult other experts, such as industrial hygienists, in order to determine if there is asbestos exposure levels. They can use advanced sampling and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare these to legal exposure standards.
These types of experts can be extremely useful when defending companies that manufactured or distributed asbestos-related products as they can often be able of proving that the levels of exposure of plaintiffs were lower than legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.
Other experts who may be involved in these cases include occupational and environmental specialists. They can provide insight into the safety procedures that exist at a particular workplace or business and how they relate to the liability of asbestos producers. They can, for example, establish that renovation materials disturbed in the course of a remodel could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to be released.