"Ask Me Anything:10 Answers To Your Questions About Asbestos Litigation Defense

Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough examination of a plaintiff's work history, medical records and testimony. We typically employ a naked metal defense, which focuses on proving that your company did not manufacture, sell, or distribute asbestos-containing products that are the subject of the claimant's lawsuit.

Asbestos cases are distinct and require a determined approach to achieve successful results. We serve as local, regional and national counsel.

Statute of Limitations

The majority of lawsuits have to be filed within a specific timeframe, referred to as the statute of limitations. For asbestos cases, that means the legal deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related disease. It is important for the defense to prove that the alleged injury occurred after the deadline. In most cases, this involves an exhaustive review of the plaintiff's work background, including interviews with former coworkers and the careful review of Social Security, union, tax and other documents.

In defending an asbestos-related case, there are a number of complex issues. Asbestos sufferers may suffer from a less severe disease, such as asbestosis, before they are diagnosed with a fatal illness such as mesothelioma. In these cases, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably ought to have realized that their exposure to asbestos caused the disease.

These cases are made more complex due to the fact that 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 the bulk of the alleged exposure took place. This can be a daunting task, as asbestos victims frequently travel across the country to find work, and the exposure could have occurred in several states.

In addition, the process of discovery is difficult in asbestos litigation. Unlike other personal injury cases, which typically involve only a few defendants, asbestos litigation group-related litigation usually involves a number of parties. It can be hard to find a an accurate discovery in these cases, Asbestos litigation defense especially when the plaintiff's argument for injuries spans decades and involves multiple defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with regional and local counsel to develop litigation strategies, manage local counsel, and achieve efficient and consistent results while coordinating with client goals. We regularly appear before the trial judge and the coordinating judge as well as litigation masters, across the country.

Bare Metal Defense

In the past, producers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits by asserting what is known as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injuries caused by replacement parts they did not manufacture or install.

In the case of Devries, an employee of a Tennessee Eastman chemical plant sued several equipment manufacturers to treat mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment, such as pumps, valves and steam traps. He claimed that he had been exposed to asbestos law & litigation when working in the plant and was diagnosed with Mesothelioma many 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 handle the issue of the liability of third-party components that are added to equipment by manufacturers. The Court stated that this application of the bare metal defense is "cabined" in maritime law, but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time that a federal appellate court ruled on the bare-metal defense in a case involving asbestos and it is a significant deviation from the standard product liability laws. The majority of courts have interpreted "bare metal" as a rejection of the responsibility of a manufacturer to warn about the dangers posed by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients in developing strategies for litigation, manage local and regional counsel and ensure an effective, cost-effective and consistent defense in line with their goals. Our lawyers participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and collaborating with the coordinating judges and trial courts as well as litigation special masters. Our unique method has proven effective in reducing our clients' exposure and legal costs.

Expert Witnesses

A person with specific expertise, experience or knowledge can be an expert witness. They provide impartial assistance to a judge by providing an objective opinion on matters within their expertise. He must clearly state the facts or assumptions upon which his opinions are based and should not be oblivious to look into matters that might affect his conclusions.

In the event that asbestos exposure is alleged medical experts may be required to evaluate the claimant's condition and identify any causal link between the condition and the identified source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of specialists. This could include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health professionals.

Experts are there to provide an impartial technical support, whether they represent the prosecution or the defence. He should not act as an advocate or try to influence the jury to favor his client. He should not attempt to convince the jury or advocate for an argument.

The expert should cooperate with the other experts in trying to reduce any technical issues at an early stage and eliminate any peripheral issues. The expert should also work with those instructing him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts commissioned by the court.

At the conclusion of his main examination the expert must be able to explain his findings and the reasoning behind them in a clear and easy-to-understand way. He should be ready to answer questions posed by the judge or prosecution and be willing to address all points that were raised during cross-examination.

Cetrulo LLP is well versed in the defense of clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can advise and manage regional and national defense counsel and regional and local experts as well as 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

Expert witnesses are crucial in cases that involve asbestos-related injuries because of the latency between exposure to asbestos and onset symptoms. Asbestos cases often involve complex theories of injury that span decades and link dozens or even hundreds of defendants. Because of this, it is nearly impossible for a plaintiff to establish their case without the help of experts.

Experts in medicine and other sciences are required to determine the extent of an individual's exposure and their medical condition, as well as give insight into the future health concerns. These experts are vital to any case and must be thoroughly examined and educated in the relevant field. The more experience an scientist or doctor has the more persuasive he is.

In many asbestos cases a medical expert or scientist is required to review the claimant's records and perform an examination. Experts can verify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.

Other experts, such as industrial hygienists might be required to assist in establishing asbestos-related exposure levels. They can employ advanced analytical and sampling techniques to determine the amount of asbestos in the air in a home or workplace to legal exposure standards.

Experts of this kind are also useful when defending companies who manufactured or distributed asbestos-related products as they often have the capability of demonstrating that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or manufacturer liability.

Other experts involved in these cases include environmental and occupational specialists who can provide insight into the quality of safety protocols at a given workplace or company, and how such protocols are related to the liability of asbestos manufacturers. They can, for example, establish that renovation materials damaged during the course of remodeling could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos litigation meaning dust to release.