A Cheat Sheet For The Ultimate For Asbestos Litigation Defense
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Asbestos Litigation Defense
The defense of companies against asbestos litigation requires a thorough analysis of a plaintiff's history of work, medical records and testimony. We typically use a bare metal defense, which focuses on proving that your company did not manufacture or sell asbestos-containing products at issue in the claimant's lawsuit.
Asbestos cases are special and require an aggressive approach to achieve successful results. We act as local counsel, regional and national.
Statute of limitations
The majority of lawsuits have to be filed within a certain timeframe, referred to as the statute of limitations. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related illness. It is crucial for the defense to show that the injury occurred after the deadline. This usually requires a thorough review and analysis of the plaintiff's work history, which includes interviews with former coworkers, and an in-depth examination of Social Security and union records, as well as tax, tax, and other records.
In defending asbestos cases, there are a variety of complex issues. For instance, asbestos-related victims often develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness like mesothelioma. In these instances, the defense attorney will argue that the time limit should be set when the victim was aware or should have reasonably known that asbestos exposure caused their illness.
The complex nature of these cases is also complicated by the fact that the time limit for filing a lawsuit may vary between states. In these cases a mesothelioma lawyer who is experienced will try to bring the case in the state where the majority of the alleged exposure occurred. This could be a challenging task because asbestos victims frequently moved around the country to obtain employment, and the alleged exposure may have taken place in multiple states.
The process of establishing the facts isn't always easy in asbestos litigation. Contrary to other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation typically involves dozens or more defendants. This means it can be difficult to get meaningful discovery in these cases, especially when the plaintiff's theory of injuries spans decades and binds many defendants.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with local and regional counsel to develop litigation strategy as well as manage local counsel and achieve consistent, cost-effective results in accordance with the client's goals. We regularly appear before coordinating and trial judges, as well as special masters of litigation, across the country.
Bare Metal Defense
In the past, makers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits using what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts that they did not install or manufacture.
In the case of Devries v. Devries, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps and gaskets from equipment such as valves, pumps and steam traps. He claimed he was exposed asbestos attorneys during his work in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation, and could affect how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits might apply this principle to non-maritime cases also.
This was the first time that a federal appellate court applied the bare-metal defense in a case involving asbestos attorneys and it's a major departure from the traditional law regarding product liability. The majority of courts have interpreted the "bare metal" defense as rejecting the obligation of a manufacturer to warn of the dangers caused by replacement parts 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 help our client develop strategies for litigation, manage local and regional counsel and ensure an effective, cost-effective and consistent defense in accordance with their goals. Our attorneys 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, judges and special masters of litigation. Our unique approach has proven to be successful in reducing exposure and legal spend for our clients.
Expert Witnesses
An expert witness is someone who is specialized in his skills, knowledge or experience and offers independent assistance to the court by way of an objective opinion regarding matters of his area of expertise. He should clearly state the facts or assumptions upon which his opinion is based and must not fail to consider issues that could affect his opinions.
In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's condition and the identification of any causal connection between their condition and the identified source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of experts. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health specialists.
Experts are there to provide unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. He should not assume the position of advocate or seek to influence or convince a jury to favor his client. He should not try to convince the jury or advocate for an argument.
The expert should work with the other experts to eliminate any peripheral issues and identify any technical issues. The expert should also cooperate with the experts who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts ordered by the court.
At the conclusion of his examination in chief, the expert should present his conclusions and the reasons for them in a clear and comprehensible way. He should be ready to answer questions from either the prosecution or judge, and be able to answer all questions that are raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to assist and advise national and regional defense counsel as well as local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos lawsuit litigation across the nation and also before 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 the beginning symptoms. Asbestos cases usually involve complicated theories of injuries that span decades and involve hundreds or even dozens of defendants. Because of this, it is almost impossible for a plaintiff to prove their case without the assistance of experts.
Experts in the field of medicine and other science are required to determine the extent of an individual's exposure and their medical condition, and also to provide information on future health concerns. These experts are crucial to any case and must be well-vetted and familiar with the relevant field. The more experience the medical or scientific expert has the more convincing they will be.
In a majority of asbestos cases, a medical expert or scientist is required to look over the records of the claimant as well as perform a physical exam. These experts can testify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.
It could be necessary to consult other experts, like industrial hygienists to establish the existence of asbestos exposure levels. They can employ advanced sampling and analytical techniques to assess the levels of asbestos in the air in a home or workplace and compare these levels to legal exposure standards.
These experts can be very useful in defending companies that manufacture or distribute asbestos-related products. They are often in a position to prove that the levels of exposure for plaintiffs were below the legal limits and that there was no evidence of employer negligence or product manufacturer responsibility.
Other experts who could be involved in these instances are occupational and environmental experts. They can provide insight into the safety protocols which are in place at a particular workplace or business and how they are related to asbestos manufacturers' liability. These experts could determine, for instance, that the materials used in a remodel project may contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to release.
The defense of companies against asbestos litigation requires a thorough analysis of a plaintiff's history of work, medical records and testimony. We typically use a bare metal defense, which focuses on proving that your company did not manufacture or sell asbestos-containing products at issue in the claimant's lawsuit.
Asbestos cases are special and require an aggressive approach to achieve successful results. We act as local counsel, regional and national.
Statute of limitations
The majority of lawsuits have to be filed within a certain timeframe, referred to as the statute of limitations. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related illness. It is crucial for the defense to show that the injury occurred after the deadline. This usually requires a thorough review and analysis of the plaintiff's work history, which includes interviews with former coworkers, and an in-depth examination of Social Security and union records, as well as tax, tax, and other records.
In defending asbestos cases, there are a variety of complex issues. For instance, asbestos-related victims often develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness like mesothelioma. In these instances, the defense attorney will argue that the time limit should be set when the victim was aware or should have reasonably known that asbestos exposure caused their illness.
The complex nature of these cases is also complicated by the fact that the time limit for filing a lawsuit may vary between states. In these cases a mesothelioma lawyer who is experienced will try to bring the case in the state where the majority of the alleged exposure occurred. This could be a challenging task because asbestos victims frequently moved around the country to obtain employment, and the alleged exposure may have taken place in multiple states.
The process of establishing the facts isn't always easy in asbestos litigation. Contrary to other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation typically involves dozens or more defendants. This means it can be difficult to get meaningful discovery in these cases, especially when the plaintiff's theory of injuries spans decades and binds many defendants.
The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We collaborate closely with local and regional counsel to develop litigation strategy as well as manage local counsel and achieve consistent, cost-effective results in accordance with the client's goals. We regularly appear before coordinating and trial judges, as well as special masters of litigation, across the country.
Bare Metal Defense
In the past, makers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits using what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts that they did not install or manufacture.
In the case of Devries v. Devries, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps and gaskets from equipment such as valves, pumps and steam traps. He claimed he was exposed asbestos attorneys during his work in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation, and could affect how courts in other jurisdictions handle the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits might apply this principle to non-maritime cases also.
This was the first time that a federal appellate court applied the bare-metal defense in a case involving asbestos attorneys and it's a major departure from the traditional law regarding product liability. The majority of courts have interpreted the "bare metal" defense as rejecting the obligation of a manufacturer to warn of the dangers caused by replacement parts 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 help our client develop strategies for litigation, manage local and regional counsel and ensure an effective, cost-effective and consistent defense in accordance with their goals. Our attorneys 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, judges and special masters of litigation. Our unique approach has proven to be successful in reducing exposure and legal spend for our clients.
Expert Witnesses
An expert witness is someone who is specialized in his skills, knowledge or experience and offers independent assistance to the court by way of an objective opinion regarding matters of his area of expertise. He should clearly state the facts or assumptions upon which his opinion is based and must not fail to consider issues that could affect his opinions.
In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's condition and the identification of any causal connection between their condition and the identified source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of experts. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health specialists.
Experts are there to provide unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. He should not assume the position of advocate or seek to influence or convince a jury to favor his client. He should not try to convince the jury or advocate for an argument.
The expert should work with the other experts to eliminate any peripheral issues and identify any technical issues. The expert should also cooperate with the experts who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts ordered by the court.
At the conclusion of his examination in chief, the expert should present his conclusions and the reasons for them in a clear and comprehensible way. He should be ready to answer questions from either the prosecution or judge, and be able to answer all questions that are raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to assist and advise national and regional defense counsel as well as local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos lawsuit litigation across the nation and also before 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 the beginning symptoms. Asbestos cases usually involve complicated theories of injuries that span decades and involve hundreds or even dozens of defendants. Because of this, it is almost impossible for a plaintiff to prove their case without the assistance of experts.
Experts in the field of medicine and other science are required to determine the extent of an individual's exposure and their medical condition, and also to provide information on future health concerns. These experts are crucial to any case and must be well-vetted and familiar with the relevant field. The more experience the medical or scientific expert has the more convincing they will be.
In a majority of asbestos cases, a medical expert or scientist is required to look over the records of the claimant as well as perform a physical exam. These experts can testify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.
It could be necessary to consult other experts, like industrial hygienists to establish the existence of asbestos exposure levels. They can employ advanced sampling and analytical techniques to assess the levels of asbestos in the air in a home or workplace and compare these levels to legal exposure standards.
These experts can be very useful in defending companies that manufacture or distribute asbestos-related products. They are often in a position to prove that the levels of exposure for plaintiffs were below the legal limits and that there was no evidence of employer negligence or product manufacturer responsibility.
Other experts who could be involved in these instances are occupational and environmental experts. They can provide insight into the safety protocols which are in place at a particular workplace or business and how they are related to asbestos manufacturers' liability. These experts could determine, for instance, that the materials used in a remodel project may contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to release.
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