Asbestos Litigation Defense

In order to defend companies against asbestos litigation in the future, it is essential to look into the plaintiff's medical records, work history, and testimony. We often use the bare metal defense, which focuses on arguing that your company didn't manufacture or sell the asbestos-containing products in question in a claimant's case.

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

Statute of Limitations

The statute of limitations is a period within which lawsuits are required to be filed. For asbestos-related cases, that means the legal deadline for filing is between one and six years after the victim is diagnosed with an asbestos-related illness. It is important for the defense to prove that the injury was sustained after the deadline. In most cases, this involves conducting a thorough review of the plaintiff's work history, including interviews with former coworkers and the careful examination of Social Security, union, tax and other documents.

The process of defending an asbestos case involves a number of complex issues. Asbestos-related victims can suffer from a less severe illness, such asbestosis, before being diagnosed with a fatal condition like mesothelioma. In these instances the attorney representing the defense will argue that the limitation period should start when the victim realized or should have reasonably known that exposure to asbestos caused their 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 cases a mesothelioma lawyer who is experienced will attempt to start the case in the state where the bulk of the exposure alleged occurred. This could be a challenging task as asbestos patients often moved across the country in search of employment, and the alleged exposure could have occurred in multiple states.

Finally, the discovery process is a challenge in asbestos litigation. Unlike other personal injury cases, which often involve only a few defendants, asbestos attorneys-related litigation typically includes dozens or more parties. This means it can be hard to obtain relevant evidence in these cases, especially when the plaintiff's argument for injuries spans decades and binds several different defendants.

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 regional and local counsel to develop litigation strategies, manage local counsel, and achieve consistently cost-effective results in coordination 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 turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits using the "bare metal" doctrine or component part doctrine. This defense states that a company is not liable for asbestos-related injuries caused by replacement parts they did not design or manufacture.

In the case Devries v. Tennessee Eastman Chemical, 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 insulation, steam traps and gaskets from equipment such as pumps, valves, and steam traps. He claimed that asbestos exposure occurred during his time at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has changed the nature of asbestos attorneys litigation and could affect the way that the courts in other jurisdictions deal with the issue of third-party components that manufacturers add to equipment. The Court declared that the use of the bare-metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to cases that are not maritime as well.

This decision was the first time an appeals court of the federal level has applied the bare metal defense in an asbestos lawsuit (Find Out More), and represents quite a departure from the norms of product liability law. The majority of courts have interpreted the "bare metal" defense as rejecting the obligation of a company to warn consumers about the harm caused by replacement parts that it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop litigation strategies, manage regional and local counsel and provide an efficient, cost-effective defense in coordination with their objectives. Our lawyers are invited to present at industry conferences on major issues that affect 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 approach has been successful in decreasing our clients' risk and legal costs.

Expert Witnesses

A person with specialized expertise, experience or knowledge can be an expert witness. They offer independent assistance to courts by providing an unbiased opinion on matters within their expertise. He should clearly state his views and the evidence or assumptions that he is basing it on. He should also not overlook any aspects that could influence his conclusions.

In cases where asbestos exposure is suspected medical experts could be required to help evaluate the claimant's condition and identify any causal links between the condition and the alleged source of exposure. Many of the illnesses that are caused by asbestos are complicated, requiring the expertise of specialists in the field. This includes nurses and doctors pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists and pharmacists.

Experts are there to offer an impartial technical support, whether they are representing the prosecution or the defense. He should not assume the role of advocate, nor should he seek to influence or convince a jury in favour of his client. The obligation to the court supersedes the obligations he has to his client. He should not try to push an argument or seek evidence to support it.

The expert should collaborate 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 of agreement and disagreement to serve the purpose of the joint statement of experts commissioned by the court.

After completing his examination in chief the expert must explain his conclusions and the reasons behind them in a clear and understandable way. He should be prepared to answer questions from the prosecution or the judge and should be willing to address any points which are raised on cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can assist and manage regional and national defense counsel, as well as local and regional experts and witnesses. Our team is regularly in front of coordinating judges, trial judges and special masters in asbestos litigation across the country.

Medical Experts

Due to the latency issues that arise between asbestos attorneys exposure and appearance of symptoms, expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that can span decades and involve hundreds or even dozens of defendants. Because of this, it is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Experts in the field of medicine and other science are needed to evaluate the degree of exposure an individual has and medical condition, as well as give insight into the future health concerns. These experts are vital to any case, and they must be thoroughly checked and educated about the subject. The more experience an expert in science or medicine has the more persuasive they will be.

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

It is possible to consult with other experts, like industrial hygienists to determine the presence of asbestos exposure levels. They can employ advanced analytical and sampling methods to determine the amount of asbestos in the air at a workplace or home to legal exposure standards.

These types of experts can be extremely useful in defending companies that produced or distributed asbestos-related products as they often have the capability of demonstrating that the levels of exposure of plaintiffs were below the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.

Other experts in these instances include environmental and occupational specialists who can provide insights into the adequacy of safety procedures at a particular work site or company and how they are related to the liability of asbestos manufacturers. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos or that shaking out contaminated clothing can cause asbestos fibers to release and become inhaled.