Asbestos Litigation Defense 10 Things I'd Like To Have Known Earlier

Asbestos Litigation Defense

To defend companies against asbestos litigation in the future, it is essential 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 did not make, sell or distribute the asbestos-containing products that are at issue in the claimant's case.

asbestos defense litigation cases require a distinctive method and a persistent approach to achieve successful results. We act as local counsel, regional and national.

Statute of limitations

Most lawsuits must be filed within a certain timeframe, referred to as the statute of limitations. For asbestos Law & litigation-related cases, that means the statutory deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related illness. It is important for the defense to show that the alleged injury occurred within the timeframe. This often requires a thorough review and analysis of the plaintiff's employment history, including interviews of former coworkers, and a careful examination of Social Security and union records and tax and tax documents.

In defending an asbestos-related case, there are a number of complex issues. Asbestos victims may develop a mild disease, such as asbestosis, before being diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue the time limit should be set when the victim realized or should have reasonably believed that exposure to asbestos caused their disease.

The complexity of these cases is complicated by the fact that the statute of limitations may differ between states. In these instances a mesothelioma lawyer who is experienced will try to start the case in the state where the majority of the alleged exposure occurred. This could be a challenging task because asbestos victims often moved across the country to find jobs, and the claimed exposure may have taken place in multiple states.

Finally, the discovery process is difficult in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Rather than a few defendants as in most cases, there are usually many people involved. As a result, it can be difficult to find a an accurate discovery in these cases, especially when the plaintiff's claim of injuries spans decades and involves multiple defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with regional and local counsel to develop strategies for litigation and manage local counsel and produce consistent and cost-effective results that align with client goals. We frequently appear before the trial judge and coordinating judge, as and litigation masters across the country.

Bare Metal Defense

In the past, manufacturers of turbine, boiler and pump and valve equipment have defended themselves in asbestos exposure litigation litigation by claiming a defense known as the "bare metal" or component part doctrine. This defense states that a manufacturer can't be held liable for asbestos-related injuries caused by replacement components that the company did not design or install.

In the case of Devries, a worker at a Tennessee Eastman chemical plant sued several equipment manufacturers to treat mesothelioma. The plaintiff's job included the removal and replacement insulation, steam traps and gaskets from equipment, such as valves, pumps and steam traps. He claimed that asbestos exposure occurred when working at the plant, and was diagnosed with mesothelioma several years later.

The Supreme Court's Devries decision has altered the nature of asbestos litigation and could affect the way that courts in other jurisdictions approach the issue of third-party components that manufacturers include in their equipment. The Court stated that the application of the bare metal defense in this instance is "cabined" to maritime law, but left open the possibility that other federal circuits could apply this principle to non-maritime cases as well.

This decision was the first time that an appeals court of the federal level has applied the bare metal defense in an asbestos lawsuit, and represents an important departure from the traditional product liability law. Most courts have interpreted this "bare metal" defense as rejecting the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our clients develop litigation strategies, manage local and regional counsel, and provide an efficient, cost-effective defense that aligns with their goals. Our attorneys also speak at conferences for industry professionals on the important issues that influence asbestos litigation. Our firm's experience includes defending clients in every state and working closely with coordinating judges and trial courts, as well as special masters. Our unique approach has been effective in cutting down on our clients' exposure and legal costs.

Expert Witnesses

A person with specialized knowledge, asbestos law & Litigation skills or experience is an expert witness. They offer independent assistance to courts by providing an unbiased opinion on matters within their field of expertise. He should clearly state his opinion and the facts or assumptions he is basing it on. He should not ignore any factors that could affect his conclusions.

In cases where asbestos exposure is suspected medical experts could be required to assess 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 litigation wiki are complex, and require the expertise of experts in the field. This could include nurses and doctors, pharmacists, toxicologists or epidemiologists, occupational health specialists and pharmacists.

Experts are there to offer impartial technical assistance, whether they are representing the defense or the prosecution. He should not serve as an advocate or attempt to influence the jury to favor his client. The obligation to the court is greater than his duties to his client and he should not attempt to support an argument or seek evidence to back it.

The expert should work with the other experts to address any issues that are peripheral and narrow down any technical issues. The expert should also collaborate with the people who instruct him to determine areas of agreement and disagreement for the joint declaration of the expert as ordered by the court.

The expert should, at the end of his examination, present his conclusions and the reasons for them in a way that is clear and easy to comprehend. He should be prepared to answer questions from the prosecution or judge and should be prepared to discuss any issues that are raised on cross-examination.

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

Medical Experts

Due to the latency issues that occur between asbestos exposure and the onset of symptoms experts are a crucial part in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and connect hundreds or even dozens of defendants. It is nearly impossible for an individual to prove their case without the assistance of experts.

Medical and other scientific experts are required to determine the extent of an individual's exposure, assess their medical conditions and offer insight into possible health issues that could arise in the future. These experts are crucial to any case and must be well-vetted and familiar with the subject matter. The more experience an expert in medical or scientific fields has the more convincing they will be.

In many asbestos cases a medical expert or scientist is required to look over the records of the claimant as well as perform an examination. Experts can testify to whether exposure to asbestos was enough to cause a specific medical condition like mesothelioma or lung cancer, or any other form of scarring that affects the respiratory tract and lungs (e.g. the pleural plaques).

It could be necessary to consult other experts, such as industrial hygienists, in order to determine if there is asbestos exposure levels. They can employ sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home to the legal exposure standards.

Experts of this kind can be extremely useful when defending companies that manufactured or distributed asbestos-related products as they are often capable of proving that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer responsibility.

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