Asbestos Litigation Defense
The defense of companies against asbestos litigation requires a thorough review of a plaintiff's work history, medical records and testimony. We typically use a bare metal defense that focuses on the fact that your company didn't make, sell, or distribute asbestos-containing products in the plaintiff's lawsuit.
Asbestos cases require a unique method and a persistent approach to achieve successful results. We are local, regional and national counsel.
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 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 important to establish that the alleged injury or death did occur prior to the deadline. In most cases, this involves conducting a thorough review of the plaintiff's work background, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other records.
In defending asbestos cases, there are a variety of complex issues. Asbestos sufferers may suffer from a less severe disease, such as asbestosis, before being diagnosed with a fatal illness such as mesothelioma. In these instances, a defense attorney will argue that the limitation period should begin when the victim was aware or reasonably should have known that their exposure to asbestos caused the disease.
The complex nature of these cases is made more difficult by the fact that the statute of limitations may differ between states. In these cases an experienced mesothelioma lawyer will attempt to start the case in the state where most of the alleged exposure occurred. This can be a challenging task because asbestos victims often moved across the country to obtain work, and the alleged exposure could have occurred in several states.
The discovery process is a challenge in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Rather than a few defendants, as is the case in most cases, there are often dozens of people involved. It is often difficult to obtain meaningful information when there are multiple defendants and the plaintiff's claim is spanning decades.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with local and regional counsel to formulate a strategy for litigation, manage local counsel and obtain consistent, cost-effective outcomes in line with the goals of the client. We frequently appear before the trial judge and the coordinating judge as well as litigation masters, across the nation.
Bare Metal Defense
In the past, producers of boilers, turbines, pumps and valves have defended themselves from asbestos lawsuits using what is referred to as "bare metal" doctrine or the component part doctrine. This defense holds that a manufacturer can't be held liable for asbestos-related injuries caused by replacement components that the company did not make or install.
In the case of Devries v. Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos when working in the plant and was diagnosed with mesothelioma a few years later.
The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation, and could affect how courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court declared that the use of the bare metal defense in this case is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this principle to non-maritime cases also.
This was the first time that a federal appeals court has applied the bare metal defense in an asbestos lawsuit, and represents a significant departure from traditional product liability law. Most courts have interpreted the "bare metal" defense as a way of avoiding the responsibility of a manufacturer to warn about harm caused by replacement parts that it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our client develop litigation strategies, manage local and regional counsel and provide an effective, cost-effective and consistent defense in line with their goals. Our attorneys also speak at industry conferences about key issues affecting asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique method has proven to be successful in reducing exposure and legal costs for our clients.
Expert Witnesses
A person who has specialized knowledge, skills or experience is an expert witness. They provide independent assistance to courts by providing an objective opinion on matters that are within their area of expertise. He must clearly state his opinion and the evidence or assumptions that he is basing it on. He should also not overlook any aspect that might affect his conclusions.
In cases where asbestos exposure is suspected medical experts could be required to help evaluate the claimant's health and determine any causal connections between the condition and the alleged source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of specialists. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.
Experts are there to offer an impartial technical support, whether they are representing the prosecution or the defense. He should not assume the position of an advocate or seek to influence or convince the jury to support his client. The duty to the court supersedes his obligations to his client, and he should not try to push an argument or locate evidence to back it.
The expert should work with other experts to eliminate any issues that are peripheral and narrow down any technical issues. The expert should also work with the experts who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts ordered by the court.
The expert must, at the end of his examination chief, explain his conclusions and the reasons for them in a manner that is clear and easy to comprehend. He must be able to answer questions from the prosecution or judge and should be willing to discuss any issues that are raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our attorneys can assist and advise national and regional defense counsel, as in addition to local regional, expert witnesses and experts. Our team regularly appears before the asbestos litigation judges who coordinate 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 onset of symptoms Expert witnesses are a crucial part in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injury that stretch for decades and link hundreds or even dozens of defendants. This is why it's nearly impossible for a plaintiff to prove their case without the help of experts.
Medical and other experts in the field are essential to determine the extent of a person's exposure, evaluate their medical conditions and provide information about potential future health problems. These experts are crucial to any case and should be thoroughly checked and knowledgeable of the field of study. The more experience an expert in medicine or science has the more persuasive he is.
Asbestos cases usually require a medical or scientific expert to review the medical records of the claimant 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 with other experts, such as industrial hygienists, in order to establish the existence of asbestos exposure levels. They can utilize advanced sampling and analytical methods to evaluate airborne asbestos levels in a workplace or home and compare these to legal exposure standards.
Youngstown asbestos attorneys can be very valuable in defending companies who produce or distribute asbestos-related products. They are often able to demonstrate that the levels of exposure for plaintiffs were below the legal limits, and that there was not evidence of employer negligence or product manufacturer responsibility.
Other experts in these instances include occupational and environmental specialists who can provide insights into the adequacy of safety protocols at a specific work site or company and how they relate to asbestos manufacturers' liability. They can determine, for instance, that renovation materials disturbed in the course of remodeling could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to escape.