Asbestos Litigation Defense

Protecting companies from asbestos litigation requires a thorough review of a plaintiff's history of work, medical records and testimony. We often use the bare metal defense, which is based on the argument that your company didn't manufacture, sell or distribute the asbestos-containing products at issue in the claimant's case.

Asbestos cases require an exclusive approach and a tenacious strategy to achieve success. We serve as local, regional and national counsel.

Statute of limitations

The majority of lawsuits must be filed within a specified timeframe, referred to as the statute of limitations. For asbestos cases, that means the deadline for filing a lawsuit is between one and six years after a person becomes diagnosed with an asbestos-related disease. For the defense it is crucial to prove that the claimed injury or death did occur prior to the deadline. In most cases, this involves conducting a thorough review of the plaintiff's past work history, which includes interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.

Defending asbestos cases involves many complicated issues. For example, asbestos victims are more likely to develop a less serious illness such as asbestosis before they are diagnosed with a fatal illness such as mesothelioma. In these situations, a defense attorney 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 exposure to asbestos triggered the disease.

These cases are complicated due to the fact that the statute of limitations may differ from state to state. In these cases, an experienced mesothelioma lawyer will attempt to start the case in the state where the majority of the alleged exposure occurred. This could be a challenging task because asbestos attorneys victims frequently moved around the country to find work, and the alleged exposure could have occurred in multiple states.

In addition, the process of discovery is challenging in asbestos attorneys litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants in the majority of cases, there are often many people involved. It is often difficult to obtain meaningful discovery when there are multiple defendants, and the plaintiff's case is spanning decades.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to develop litigation strategy as well as manage local counsel and get consistent, cost-effective results in line with client objectives. We frequently appear before the trial judge and the coordinating judge as and litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines, valves and pumps have defended themselves from asbestos attorney lawsuits using what is referred to as "bare metal" doctrine or component part doctrine. This defense states that a manufacturer cannot be held responsible for asbestos-related injuries resulting from replacement components that the company did not make or install.

In the case of Devries, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The plaintiff's job 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 while working in the plant and was diagnosed with mesothelioma a few years afterward.

The Supreme Court's decision in Devries has changed the course of asbestos litigation and may impact how courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. The Court said that the application of the bare-metal defense in this context 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 ruling was the first time that a federal appeals court used the defense of bare metal in a lawsuit involving asbestos, and represents quite a departure from the norms of product liability law. The majority of courts have interpreted the "bare metal" defense as a rejection of the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients to develop strategies for litigation, oversee local and regional counsel and ensure an efficient, cost-effective defense in line with their goals. Our lawyers are invited to participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm has a long history of 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

An expert witness is someone who has specialized skills, knowledge or experience and can provide independent advice to the court in the form of unbiased opinion concerning matters of his field of expertise. He must be able to clearly articulate the facts or assumptions upon the basis of his opinion and should not omit to look into matters that might affect his conclusions.

In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's illness and to determine if there is a causal link between their condition and a known source of exposure. A lot of the diseases associated with asbestos are very complex, and require the expertise of experts in the field. This could include nurses and doctors as well as toxicologists, pharmacists epidemiologists, occupational health specialists, and pharmacists.

Experts are available to provide an impartial technical support, whether they represent the prosecution or the defense. He should not assume the role of an advocate or seek to influence or persuade the jury to favor his client. He should not attempt to convince the jury or make an argument.

The expert should collaborate with other experts to address any issues that are peripheral and reduce any technical issues. The expert should also co-operate with the people 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 finish his examination chief, discuss his conclusions and the reasoning behind them in a way that is clear and easy to comprehend. He is expected to be able to respond questions from the prosecution or the judge and should be prepared to discuss any issues that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can advise and manage national and regional defense counsel as well as regional and local experts as well as witnesses. Our team regularly appears before judges who are coordinating asbestos litigation across the nation as well as trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases that involve asbestos-related injuries because of the time lag between exposure to asbestos lawsuit and onset symptoms. Asbestos cases frequently involve complex theories of injury that stretch for decades and link hundreds or even dozens of defendants. It is almost impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientists are necessary to assess the extent of a person's exposure, evaluate their medical conditions and offer 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 relevant field. The more experience an expert in medical or scientific fields has the more convincing they will be.

Asbestos cases often require an expert from a medical or scientific field to analyze the medical records of the claimant and conduct a physical exam. These experts can testify as to whether the claimant's exposure asbestos was enough to trigger a specific medical condition like mesothelioma or lung cancer, or other forms of scarring that affects the respiratory tract and lungs (e.g. plaques in the pleural cavity).

Other experts such as industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to assess the levels of asbestos in the air in a home or workplace and compare them to the legal exposure standards.

They can be useful in defending companies that produce or distribute asbestos-related goods. They often are capable of proving that the exposure levels of 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 environmental and occupational specialists who can provide insight on the safety protocols at a given work site or company and how these protocols are related to the liability of asbestos manufacturers. For instance, they can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos, or that shaking out contaminated clothing could cause asbestos lawsuit fibers to release and then be inhaled.