Is Your Company Responsible For An Asbestos Litigation Defense Budget? Twelve Top Ways To Spend Your Money

Asbestos Litigation Defense

To defend companies against asbestos litigation, it is necessary to review the medical records of the plaintiff, work history and testimony. We often use the bare metal defense, which is focused on proving that your company was not able to manufacture, sell or distribute the asbestos-containing products in question in the case of a claimant.

Asbestos cases require a distinctive method and a persistent approach to get results. We are regional, local, and national counsel.

Statute of Limitations

The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases the deadline to file a lawsuit is anywhere between one and six years after a person is diagnosed with an asbestos-related disease. To defend, it is important to establish that the alleged accident or death did not occur prior to this deadline. Often, this requires conducting a thorough review of the plaintiff's past work background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other documents.

The process of defending asbestos cases involves a variety of complex issues. Asbestos victims may develop a mild illness, such asbestosis, prior to being diagnosed with a fatal disease like mesothelioma. In these cases, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim was aware or reasonably ought to have known that their exposure to asbestos triggered the disease.

The difficulty of these cases is also exacerbated by the fact that the time limit for filing a lawsuit may differ between states. In these instances, an experienced lawyer for mesothelioma will try to present the case in a state where the majority of the alleged exposure took place. This can be a daunting task, as asbestos victims typically travel around the country in search of jobs, and the alleged exposure could have occurred in multiple states.

The process of establishing the facts isn't always easy in asbestos litigation. Contrary to other personal injury cases, which usually involve only a few defendants, asbestos-related litigation typically involves dozens or more parties. It can be difficult to get meaningful discovery when there are multiple defendants and the plaintiff's theory is spanning decades.

The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to develop litigation strategies and manage local counsel and ensure consistently cost-effective results in coordination with the goals of our clients. We regularly appear before the trial judge and the coordinating judge as well as litigation masters, across the nation.

Bare Metal Defense

In the past, makers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injury caused by replacement parts they did not design or manufacture.

In the case of Devries, an employee at a Tennessee Eastman chemical plant sued several equipment manufacturers for 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 he had been exposed to asbestos during his work in the plant and was diagnosed with mesothelioma a few years later.

Brockton asbestos attorneys  has changed the nature of asbestos litigation and may influence the way that courts in other jurisdictions approach the issue of third-party components manufacturers incorporate into their equipment. The Court stated that the application of the bare-metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this doctrine to non-maritime cases as well.

This was the first time that a federal appellate court used the"bare-metal" defense in a case involving asbestos and it's a significant deviation from the standard product liability laws. The majority of courts have understood "bare metal" as a denial of the responsibility of a manufacturer to warn about the potential harms caused by replacement parts it did't manufacture or sell.

The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We help our clients develop strategies for litigation, oversee regional and local counsel, and ensure a an efficient, cost-effective defense that aligns with their goals. Our lawyers speak at industry conferences on important issues that affect asbestos litigation. Our firm's experience includes representing clients in every state and collaborating with the coordinating judges and trial courts, as well as special masters. Our unique method has proven effective in decreasing our clients' risk and legal costs.

Expert Witnesses

An expert witness is one who has specific skills, knowledge or experience and can provide independent advice to the court in the form of unbiased opinion concerning issues that fall within his area of expertise. He must clearly state the facts or assumptions on the basis of his opinion and should not omit to consider matters which could affect his opinions.

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

In the event of a prosecution or defence the role of an expert is to provide impartial technical assistance. He should not assume the position of advocate and should not try to influence or convince 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 resolve any peripheral issues and identify any technical issues. The expert should also cooperate with those instructing him in identifying areas of agreement and disagreement to serve the purpose of the joint declaration of experts commissioned by the court.

The expert must finish his examination chief, explain his conclusions as well as the reasons for them in a manner that is clear and understandable. He should be prepared to answer questions from the prosecution or judge and be prepared to discuss any issues that are raised during cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our attorneys are able to assist and manage national and regional defense counsel and regional and local experts and witnesses. Our team appears regularly 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 play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases usually involve complicated 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.

Experts in medicine and other sciences are needed to evaluate the extent of a person's exposure and medical condition and also to provide insight into future health issues. These experts are crucial to any case and must be thoroughly examined and educated in the field they are working in. The more experience the medical or scientific expert has the more convincing they will be.

Asbestos cases typically require an expert from a medical or scientific field to analyze the claimant's medical records and conduct a physical examination. Experts can testify to whether exposure to asbestos was enough to cause an illness that is specific to him, 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 might also be needed to assist in establishing asbestos-related exposure levels. They can use advanced analytical and sampling techniques to compare airborne asbestos levels at the workplace or at home with the standards for exposure that are legally required.

These experts can be very beneficial in defending companies that produce or distribute asbestos-related goods. They are usually in a position to prove that the levels of exposure for plaintiffs were not in the range of legal limits, and that there was not evidence of negligence on the part of the employer or manufacturer liability for the product.

Other experts involved in these cases include environmental and occupational specialists who can provide insights on the safety protocols at a given workplace or company, and how such protocols are related to the liability of asbestos manufacturers. For instance, these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and become inhaled.