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Asbestos Litigation Defense

In order to defend companies against asbestos litigation and claims, it is essential to review the plaintiff's medical records, work history, and testimony. We often use the bare metal defense, which focuses on arguing that your company did not make, sell or distribute the asbestos-containing products that are at issue in the claimant's case.

asbestos attorneys cases require a unique approach and a determined strategy to achieve success. We act as local counsel, regional and national.

Statute of Limitations

The statute of limitations is a time limit within which lawsuits are required to be filed. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and six years after a victim is diagnosed with an asbestos-related disease. It is important for the defense to prove that the injury occurred within the timeframe. Often, this requires reviewing the entirety 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 records.

Defending an asbestos case involves many complicated issues. Asbestos victims may develop a less severe disease, such as asbestosis, before being diagnosed with a fatal condition like mesothelioma. In these cases the defense attorney will argue the time limit should be set when the victim knew or should have reasonably known that asbestos exposure caused the disease.

These cases are made more complex by the fact the statute of limitations can vary from state to state. In these cases, a seasoned lawyer for mesothelioma will try to file the case in a state where the majority of the exposure alleged to have taken place. This can be a challenging task, as asbestos victims frequently travel across the country looking for jobs, and the alleged exposure could have occurred in a variety of states.

In addition, the process of discovery is difficult in asbestos litigation. Unlike other types of personal injury cases, which typically involve only a few defendants, asbestos-related litigation typically includes dozens or more parties. It is often difficult to obtain significant discovery when there are many defendants and the plaintiff's claim stretches over decades.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with regional and local counsel to develop a strategy for litigation as well as manage local counsel and obtain consistent, cost-effective outcomes in line with the client's goals. We regularly appear before coordinating and trial judges, as well as special masters of litigation in jurisdictions across the country.

Bare Metal Defense

In the past, makers of boilers, turbines, pumps and valves have defended themselves against asbestos lawsuits using what is referred to as "bare metal" doctrine or the component part doctrine. This defense argues that a company cannot be held responsible for asbestos-related harms caused by replacement components that the company did not design or install.

In the case of Devries, an employee of a Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets on equipment like pumps, valves and steam traps (Equipment Defendants). He claimed he was exposed asbestos when working in the plant and was diagnosed with Mesothelioma several years afterward.

The Supreme Court's decision in Devries has changed the course of asbestos litigation and could impact the way courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court said that this use of the bare metal defense is "cabined" in maritime law but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time that a federal appeals court applied the bare-metal defense in an asbestos lawsuit, and is a significant departure from traditional product liability law. Most courts have interpreted this "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 create or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients to develop litigation strategies, manage local and regional counsel, and provide a consistent, cost-effective defence in line with their goals. Our attorneys also speak at industry conferences about major issues shaping asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven effective in decreasing our clients' risk and legal costs.

Expert Witnesses

A person who has specialized expertise, skills or experience can be an expert witness. They provide impartial assistance to a court by offering an impartial opinion on issues within their expertise. He should clearly state his opinion and the evidence or assumptions that he is basing it on. He should also not overlook any aspect that could influence his conclusions.

In the event that asbestos exposure is suspected, medical experts may be required to assess the claimant's health and determine any causal links between the condition and the identified source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of specialists. This can include nurses and doctors, pharmacists, toxicologists or epidemiologists, occupational health specialists and pharmacists.

Experts are there to offer an impartial technical support, whether they are representing the defense or the prosecution. He is not expected to assume the role of an advocate and should not try to influence or convince the jury to support his client. The duty to the court is greater than the obligations he has to his client. He should not try to push an argument or locate evidence to support it.

The expert should co-operate with the other experts in attempting to reduce any technical issues at an early stage and eliminate any irrelevant matters. The expert should also cooperate with those instructing him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts commissioned by the court.

After completing his main examination the expert should be able to explain his conclusions and the reasons for them in a clear and understandable way. He should be ready to answer any questions from the judge or prosecution and be able to answer all questions that were raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can assist and manage regional and national defense counsel, as well as regional and local experts and witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country 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 delay between exposure to asbestos and beginning symptoms. Asbestos cases often involve complex theories of injury that can span decades and connect dozens or even hundreds of defendants. It is almost impossible for an individual to prove their case without the help of experts.

Experts in the fields of medicine and other sciences are required to determine the extent of an individual's exposure and medical condition as well as to provide information on future health concerns. Experts like these are essential in 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 convincing they will be.

In a majority of asbestos cases, an expert in medicine or a scientist is required to examine the records of the claimant as well as perform an examination. Experts can testify as to whether the claimant's exposure to asbestos was enough to trigger a particular medical condition like mesothelioma, lung cancer, or other forms of scarring that affects the respiratory tract and lungs (e.g. the pleural plaques).

Other experts like industrial hygienists might be required to aid in establishing the existence of asbestos-related exposure levels. They can utilize sophisticated analytical and sampling techniques to compare airborne asbestos levels at the workplace or at home with the standards for exposure that are legally required.

They can be valuable in defending companies who produce or distribute asbestos-related goods. They often are capable of proving that the exposure levels of plaintiffs were not in the range of legal limits, and that there was not evidence of negligence by the employer or the responsibility of the manufacturer of the product.

Other experts involved in these cases include occupational and environmental specialists who can provide insight into the adequacy of safety protocols at a given workplace or business and how these protocols relate to asbestos lawyer manufacturers' liability. For instance, they can determine that materials used in renovation that are disturbed during a remodel are more likely to contain asbestos or that shaking out contaminated clothing can cause asbestos fibers release and become inhaled.