Asbestos Litigation Defense: 10 Things I d Love To Have Known Earlier

Asbestos Litigation Defense

In order to defend businesses against asbestos litigation in the future, it is essential to review the plaintiff's medical records, work history and witness. We typically employ a naked metal defense that focuses on arguing your company didn't make or sell asbestos-containing products at issue in the claimant's lawsuit.

Asbestos cases are special and require a determined strategy to achieve success. We are local, regional, and national counsel.

Statute of Limitations

Most lawsuits must be filed within a specific time frame, also known as the statute of limitations. For asbestos-related cases, that means the deadline for filing a lawsuit is between one and six years after a victim becomes diagnosed with an asbestos-related illness. It is important for the defense to show that the injury occurred after the deadline. This typically requires a thorough study and analysis of the plaintiff's employment background, including interviews with former coworkers, and an in-depth review of Social Security and union records, as well as tax and tax documents.

Defending asbestos cases involves a variety of complex issues. For example, asbestos victims typically develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these instances, the defense attorney will argue the time limit should be set when the victim was aware or should have reasonably known that exposure to asbestos causes their disease.

The complex nature of these cases is also made more difficult by the fact that the time limit for filing a lawsuit may differ from state to state. In these cases an experienced mesothelioma lawyer may try to file the case in the state in which the majority of the exposure alleged to have taken place. This is a difficult task as asbestos sufferers typically travel around the country looking for jobs, and the alleged exposure could have occurred in a variety of states.

Finally, the discovery process is difficult in asbestos litigation. asbestos attorney litigation is more complicated than other personal injury cases. Rather than a few defendants in the majority of cases, there are usually several parties involved. It can be difficult to get meaningful discovery when there are multiple defendants, and the plaintiff's case extends over a long period of time.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with local and regional counsel to formulate a strategy for litigation, manage local counsel and obtain consistent, cost-effective outcomes, in coordination with the goals of the client. We regularly appear in front of coordinating and trial judge, as and litigation masters across the nation.

Bare Metal Defense

In the past, producers of boilers, turbines valves and pumps have defended themselves from asbestos lawsuits using the "bare metal" doctrine or component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injuries resulting from replacement parts they did not design or manufacture.

In the case of Devries, an employee at an Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment like pumps, valves and steam traps (Equipment defendants). He claimed that asbestos exposure occurred while working at the plant and was diagnosed with mesothelioma several years later.

The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation and may influence the way that the courts in other jurisdictions deal with the issue of third-party components manufacturers include in their equipment. The Court said that this use 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 are not maritime.

This was the first time a federal appeals court has applied the bare-metal defense in a asbestos lawsuit and is a significant departure from traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a way of avoiding the obligation of a company to warn of the dangers caused by replacement parts it did not create or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits, check out this blog post via Wifidb, that impact 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 coordination with their objectives. Our attorneys also speak at industry conferences about key issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and working closely with the coordinating judges, trial courts and litigation special masters. Our unique strategy has proven to be successful in reducing exposure and legal spend for our clients.

Expert Witnesses

A person who has specialized expertise, experience or knowledge is an expert witness. They provide impartial assistance to courts by offering an impartial opinion on matters within their area of expertise. He must clearly state his opinions and the evidence or assumptions that he is basing it on. He should not ignore any factors that might affect 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 determination of any causal connection between their condition and the identified source of exposure. Many of the illnesses associated with asbestos are very complex, and require the expertise of experts in the field. This can include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health professionals.

Experts are available to provide unbiased technical assistance, regardless of whether they are representing the defense or the prosecution. Experts should not be an advocate or try to influence the jury in favor of his client. He should not try to convince jurors or promote an argument.

The expert should work with the other experts to eliminate 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 of agreement and 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 behind the conclusions in a manner that is easy to understand and clear. He should be ready to answer questions posed by the prosecution or judge, and be willing to discuss all issues that were raised during cross-examination.

Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers are able to assist and advise regional and national defense counsel as well as local regional, expert witnesses and experts. Our team appears regularly before coordinating judges in asbestos litigation across the country, as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that arise between asbestos exposure and the beginning of symptoms, expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and connect hundreds or even dozens of defendants. It is nearly impossible for a claimant to prove their case without the assistance 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 offer insight into the possibility of future health issues. These experts are crucial to any case and should be thoroughly vetted and knowledgeable about the subject matter. The more experience an expert in medical or scientific fields has, the more persuasive they'll be.

In many asbestos cases, a medical expert or scientist is required to review the records of the claimant and conduct a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.

Other experts like industrial hygienists might be required to aid in establishing the existence of asbestos-related exposure levels. They can use advanced sampling and analytical methods to assess the levels of asbestos in the air in a workplace or home and compare them to the legal exposure standards.

These types of experts can also prove valuable when defending companies that manufactured or distributed asbestos-related goods as they often have the capability of demonstrating that the exposure levels of plaintiffs were lower than legal limits and that there was no evidence of employer negligence or manufacturer liability.

Other experts who may be involved in these cases are occupational and environmental specialists. They can provide insight into the safety procedures which are in place at a particular workplace or company, and how they are related to asbestos attorney manufacturers' liability. They can be able to, for instance, prove that renovation materials damaged during a remodel project may contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to release.