Undeniable Proof That You Need Asbestos Litigation Defense
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asbestos lawyers Litigation Defense
In order to defend businesses against asbestos litigation in the future, it is essential to look into the medical records of the plaintiff as well as their work history and witness. We often use the bare metal defense, which focuses on arguing that your company did not make, sell or distribute the asbestos-containing products at issue in a claimant's case.
Asbestos cases are special and require a tenacious approach to achieve successful results. We are regional, local and national counsel.
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 between one and six years after the victim is diagnosed with an asbestos-related disease. It is important for the defense to show that the alleged injury occurred after the deadline. Often, this requires conducting a thorough review of the plaintiff's work history, which includes interviews with former coworkers and the careful review of Social Security, union, tax and other records.
In defending asbestos cases, there are many complicated issues. For instance, asbestos victims often develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue that the limitation period should start when the victim realized or should have reasonably believed that exposure to asbestos causes their disease.
These cases are made more complex by the fact the statute of limitations can vary from state to state. In these instances an experienced mesothelioma lawyer may try to bring the case to the state in which the majority of the exposure is believed to have taken place. This can be a challenging task because asbestos victims often moved across the country to obtain work, and the alleged exposure may have taken place in several states.
Finally, the discovery process is difficult in asbestos litigation. In contrast to other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically includes dozens or more defendants. It can be difficult to obtain relevant information when there are multiple defendants and the plaintiff's claim 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 lawsuit litigation. 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 accordance with the client's goals. We regularly appear in front of the trial judge and coordinating judge, as well as litigation masters, across the country.
Bare Metal Defense
In the past, manufacturers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a company cannot be held accountable for asbestos-related injuries caused by replacement components that the company did not design or install.
In the case of Devries, a worker at an Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets for equipment like pumps, valves and steam traps (Equipment Defendants). He claimed he was exposed asbestos during his work in the plant and was diagnosed with Mesothelioma many years afterward.
The Supreme Court's decision in Devries has changed the course of asbestos litigation and could affect how courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this case is "cabined" to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to non-maritime cases, as well.
This was the first time that a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and is a significant departure from traditional product liability law. The majority of courts have interpreted the "bare metal" defense as rejecting the responsibility of a manufacturer to warn about harm caused by replacement parts that it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing litigation strategies, manage regional and local counsel and ensure a consistent, cost-effective defense that is in line with their goals. Our attorneys present at conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and working closely with coordinating judges and trial courts, as well as special masters. Our unique strategy has proven successful in reducing our clients' exposure and legal costs.
Expert Witnesses
An expert witness is a person who is specialized in his skills, experience or knowledge and provides independent assistance to the court in the form of an objective opinion regarding matters within his area of expertise. He should clearly state his views and the evidence or assumptions he is basing it on. He should not overlook any aspects that could affect his conclusions.
In cases involving allegations of exposure to asbestos, medical professionals are often required to assist in the evaluation of the claimant's health and the identification of any connection between their condition and a known source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of specialists in the field. This can include nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists, and pharmacists.
Experts are there to offer impartial technical assistance, whether they are representing the prosecution or the defence. He should not act as an advocate or attempt to influence the jury in favor of his client. He should not try to convince the jury or promote an argument.
The expert should cooperate with other experts in trying to resolve any technical issues at a very early stage and eliminate any irrelevant matters. The expert should also collaborate with the people who instruct him to pinpoint areas of agreement and disagreement for the joint statement of the expert as ordered by the court.
At the conclusion of his examination in chief the expert should be able to explain his conclusions and the reasoning behind them in a clear and comprehensible manner. He should be ready to answer questions posed by the prosecution or judge, and be prepared to discuss all issues that are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to counsel and manage regional and national defense counsel and regional and local experts as well as 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
Due to the latency issues that arise between asbestos exposure and the beginning of symptoms, expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that stretch for decades and involve dozens or even hundreds of defendants. Due to this, it is almost impossible for a plaintiff to prove their case without the help of experts.
Experts in the fields of medicine and other sciences are required to assess the degree of exposure an individual has and medical condition as well as provide insight into future health issues. Experts like these are essential in any case and should be well-vetted and familiar with the subject matter. The more experience a medical or scientific expert has, the more persuasive they'll be.
In a majority of asbestos cases, a medical expert or scientist is required to examine the records of the claimant as well as perform an examination. These experts can testify as to whether the claimant's exposure to asbestos lawyers was enough to cause an illness that is specific to him, such as mesothelioma, lung cancer, or any other form of scarring in the lungs and respiratory tract (e.g. the pleural plaques).
Other experts, such as industrial hygienists may be required to aid in establishing the existence of asbestos-related exposure levels. They can use advanced sampling and analytical techniques to assess the levels of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
These experts can be extremely useful when defending companies who manufactured or distributed asbestos-related products as they can often be able of proving that the levels of exposure of plaintiffs were within the legal limit and that there was no evidence of negligence by the employer or manufacturer responsibility.
Other experts who may be involved in these instances are environmental and occupational specialists. They can provide insight into the safety guidelines which are in place at a particular workplace or company and how they are related to the liability of asbestos manufacturers. They can determine, for instance, that renovation materials disturbed in a remodel project may contain asbestos, or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to escape.
In order to defend businesses against asbestos litigation in the future, it is essential to look into the medical records of the plaintiff as well as their work history and witness. We often use the bare metal defense, which focuses on arguing that your company did not make, sell or distribute the asbestos-containing products at issue in a claimant's case.
Asbestos cases are special and require a tenacious approach to achieve successful results. We are regional, local and national counsel.
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 between one and six years after the victim is diagnosed with an asbestos-related disease. It is important for the defense to show that the alleged injury occurred after the deadline. Often, this requires conducting a thorough review of the plaintiff's work history, which includes interviews with former coworkers and the careful review of Social Security, union, tax and other records.
In defending asbestos cases, there are many complicated issues. For instance, asbestos victims often develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue that the limitation period should start when the victim realized or should have reasonably believed that exposure to asbestos causes their disease.
These cases are made more complex by the fact the statute of limitations can vary from state to state. In these instances an experienced mesothelioma lawyer may try to bring the case to the state in which the majority of the exposure is believed to have taken place. This can be a challenging task because asbestos victims often moved across the country to obtain work, and the alleged exposure may have taken place in several states.
Finally, the discovery process is difficult in asbestos litigation. In contrast to other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically includes dozens or more defendants. It can be difficult to obtain relevant information when there are multiple defendants and the plaintiff's claim 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 lawsuit litigation. 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 accordance with the client's goals. We regularly appear in front of the trial judge and coordinating judge, as well as litigation masters, across the country.
Bare Metal Defense
In the past, manufacturers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a company cannot be held accountable for asbestos-related injuries caused by replacement components that the company did not design or install.
In the case of Devries, a worker at an Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets for equipment like pumps, valves and steam traps (Equipment Defendants). He claimed he was exposed asbestos during his work in the plant and was diagnosed with Mesothelioma many years afterward.
The Supreme Court's decision in Devries has changed the course of asbestos litigation and could affect how courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this case is "cabined" to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to non-maritime cases, as well.
This was the first time that a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and is a significant departure from traditional product liability law. The majority of courts have interpreted the "bare metal" defense as rejecting the responsibility of a manufacturer to warn about harm caused by replacement parts that it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients in developing litigation strategies, manage regional and local counsel and ensure a consistent, cost-effective defense that is in line with their goals. Our attorneys present at conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and working closely with coordinating judges and trial courts, as well as special masters. Our unique strategy has proven successful in reducing our clients' exposure and legal costs.
Expert Witnesses
An expert witness is a person who is specialized in his skills, experience or knowledge and provides independent assistance to the court in the form of an objective opinion regarding matters within his area of expertise. He should clearly state his views and the evidence or assumptions he is basing it on. He should not overlook any aspects that could affect his conclusions.
In cases involving allegations of exposure to asbestos, medical professionals are often required to assist in the evaluation of the claimant's health and the identification of any connection between their condition and a known source of exposure. A lot of the diseases that are caused by asbestos are complex, requiring the expertise of specialists in the field. This can include nurses and doctors as well as toxicologists, pharmacists occupational health specialists, epidemiologists, and pharmacists.
Experts are there to offer impartial technical assistance, whether they are representing the prosecution or the defence. He should not act as an advocate or attempt to influence the jury in favor of his client. He should not try to convince the jury or promote an argument.
The expert should cooperate with other experts in trying to resolve any technical issues at a very early stage and eliminate any irrelevant matters. The expert should also collaborate with the people who instruct him to pinpoint areas of agreement and disagreement for the joint statement of the expert as ordered by the court.
At the conclusion of his examination in chief the expert should be able to explain his conclusions and the reasoning behind them in a clear and comprehensible manner. He should be ready to answer questions posed by the prosecution or judge, and be prepared to discuss all issues that are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to counsel and manage regional and national defense counsel and regional and local experts as well as 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
Due to the latency issues that arise between asbestos exposure and the beginning of symptoms, expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that stretch for decades and involve dozens or even hundreds of defendants. Due to this, it is almost impossible for a plaintiff to prove their case without the help of experts.
Experts in the fields of medicine and other sciences are required to assess the degree of exposure an individual has and medical condition as well as provide insight into future health issues. Experts like these are essential in any case and should be well-vetted and familiar with the subject matter. The more experience a medical or scientific expert has, the more persuasive they'll be.
In a majority of asbestos cases, a medical expert or scientist is required to examine the records of the claimant as well as perform an examination. These experts can testify as to whether the claimant's exposure to asbestos lawyers was enough to cause an illness that is specific to him, such as mesothelioma, lung cancer, or any other form of scarring in the lungs and respiratory tract (e.g. the pleural plaques).
Other experts, such as industrial hygienists may be required to aid in establishing the existence of asbestos-related exposure levels. They can use advanced sampling and analytical techniques to assess the levels of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
These experts can be extremely useful when defending companies who manufactured or distributed asbestos-related products as they can often be able of proving that the levels of exposure of plaintiffs were within the legal limit and that there was no evidence of negligence by the employer or manufacturer responsibility.
Other experts who may be involved in these instances are environmental and occupational specialists. They can provide insight into the safety guidelines which are in place at a particular workplace or company and how they are related to the liability of asbestos manufacturers. They can determine, for instance, that renovation materials disturbed in a remodel project may contain asbestos, or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to escape.
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