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Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's work history and medical records, as well as 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 in question in a claimant's case.
Asbestos cases require a unique method and a persistent strategy to achieve success. We are local, regional, and national counsel.
Statute of limitations
The statute of limitations is a time limit within which lawsuits are required to be filed. For asbestos cases, this means the deadline for filing a lawsuit is between one and six years after the victim becomes diagnosed with an asbestos-related condition. In order to defend the case, it is important to establish that the alleged accident or death did not occur prior to this timeframe. Often, this means an exhaustive review of the plaintiff's past work background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other records.
Defending asbestos cases involves various complex issues. For instance, asbestos victims typically suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these cases the attorney representing the defense will argue the statute of limitation should begin when the victim realized or should have reasonably believed that asbestos exposure caused their disease.
These cases are made more complex because the statute of limitations may differ from state to state. In these instances a mesothelioma lawyer who is experienced will try to file the case in the state where most of the exposure alleged occurred. This may be a difficult task because asbestos victims often moved across the country to find work, and the alleged exposure may have taken place in several states.
In addition, the process of discovery is a challenge in asbestos litigation. Contrary to other types of personal injury cases, which usually have only a handful of defendants, asbestos-related litigation usually involves a number of defendants. As a result, it can be hard to find a an accurate discovery in these cases, especially when the plaintiff's claim of injuries spans decades and binds many defendants.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with regional and local counsel to devise strategies for litigation, manage local counsel, and achieve efficient and consistent results in coordination with the client's goals. We regularly appear before coordinating and trial judge, as well as litigation masters, across the country.
Bare Metal Defense
In the past, makers of boilers, turbines, pumps and valves have defended themselves from asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or component part doctrine. This defense states that a manufacturer is not responsible for asbestos attorney-related injuries resulting from replacement parts they did not install or manufacture.
In the case of Devries, an employee at an Tennessee Eastman chemical plant sued various equipment manufacturers over his 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 he was exposed to asbestos when working in the plant and was diagnosed with mesothelioma a few years afterward.
The Supreme Court's decision in Devries has shifted the landscape of asbestos lawyers litigation and could impact the way courts in other jurisdictions address the issue of the liability of third-party components that are 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 that other federal circuits to apply this doctrine to cases that aren't maritime.
This ruling was the first time that an appeals court of the federal level has applied the bare metal defense in an asbestos lawsuit, and represents a significant departure from traditional product liability law. Most courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to inform about the dangers posed by replacement parts it did't manufacture or sale.
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 strategies for litigation, oversee local and regional counsel, and achieve an effective, cost-effective and consistent defense that is in line with their objectives. Our lawyers present at industry conferences on important issues that affect asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique method has proven to be effective in reducing exposure and legal expenses for our clients.
Expert Witnesses
An expert witness is someone who has specialized skills, experience or knowledge and offers independent assistance to the court with the aid of an impartial opinion on issues that fall within his area of expertise. He must be able to clearly articulate the facts or assumptions on which his opinion is based and should not be oblivious to consider matters which might affect his opinions.
In cases where asbestos exposure is suspected, medical experts may be required to help evaluate the claimant's condition and to determine any causal connections between the condition and the alleged source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.
Experts are there to offer impartial technical assistance, whether they represent the prosecution or the defence. He should not assume the role of advocate and should not try to influence or convince the jury to favor his client. The obligation to the court overrides his obligations to his client, and he should not attempt to promote an argument or locate evidence to support it.
The expert should collaborate with other experts to eliminate any issues that are peripheral and identify any technical issues. The expert should also co-operate with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts ordered by the court.
After his examination in chief the expert should be able to explain his conclusions and the reasons for them in a clear and understandable way. He should be prepared to answer questions from the prosecution or the judge and should be prepared to address any issues that are raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can assist and advise regional and national defense counsel, as well as local regional, expert witnesses and experts. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation across the country.
Medical Experts
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the latency between exposure to asbestos and beginning symptoms. Asbestos cases often involve complex theories of injuries that stretch for decades and connect dozens or hundreds of defendants. It is nearly impossible for a plaintiff to prove their case without the help of experts.
Medical and other experts in the field are necessary to assess the extent of a person's exposure, assess their medical conditions and offer insight into possible health issues that could arise in the future. Experts like these are essential to any case, and should be thoroughly vetted and educated in the relevant field. The more experience an expert in science or medicine has the more persuasive the expert will be.
asbestos attorney cases usually require an expert in science or medicine to analyze the claimant's medical records and conduct a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.
Other experts like industrial hygienists might also be needed to assist in establishing asbestos-related exposure levels. They can employ sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at the workplace or at home to legal exposure standards.
These experts can be very valuable in defending companies who produce or distribute asbestos-related goods. They often are able to demonstrate that the levels of exposure for plaintiffs were not in the range of legal limits, and that there was no evidence of negligence on the part of the employer 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 that are in place at a specific work site or company and how they relate to the liability of asbestos producers. They can, for example, establish that renovation materials damaged during the course of a remodel could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to be released.
Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's work history and medical records, as well as 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 in question in a claimant's case.
Asbestos cases require a unique method and a persistent strategy to achieve success. We are local, regional, and national counsel.
Statute of limitations
The statute of limitations is a time limit within which lawsuits are required to be filed. For asbestos cases, this means the deadline for filing a lawsuit is between one and six years after the victim becomes diagnosed with an asbestos-related condition. In order to defend the case, it is important to establish that the alleged accident or death did not occur prior to this timeframe. Often, this means an exhaustive review of the plaintiff's past work background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other records.
Defending asbestos cases involves various complex issues. For instance, asbestos victims typically suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these cases the attorney representing the defense will argue the statute of limitation should begin when the victim realized or should have reasonably believed that asbestos exposure caused their disease.
These cases are made more complex because the statute of limitations may differ from state to state. In these instances a mesothelioma lawyer who is experienced will try to file the case in the state where most of the exposure alleged occurred. This may be a difficult task because asbestos victims often moved across the country to find work, and the alleged exposure may have taken place in several states.
In addition, the process of discovery is a challenge in asbestos litigation. Contrary to other types of personal injury cases, which usually have only a handful of defendants, asbestos-related litigation usually involves a number of defendants. As a result, it can be hard to find a an accurate discovery in these cases, especially when the plaintiff's claim of injuries spans decades and binds many defendants.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with regional and local counsel to devise strategies for litigation, manage local counsel, and achieve efficient and consistent results in coordination with the client's goals. We regularly appear before coordinating and trial judge, as well as litigation masters, across the country.
Bare Metal Defense
In the past, makers of boilers, turbines, pumps and valves have defended themselves from asbestos lawsuits by arguing what is referred to as "bare metal" doctrine or component part doctrine. This defense states that a manufacturer is not responsible for asbestos attorney-related injuries resulting from replacement parts they did not install or manufacture.
In the case of Devries, an employee at an Tennessee Eastman chemical plant sued various equipment manufacturers over his 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 he was exposed to asbestos when working in the plant and was diagnosed with mesothelioma a few years afterward.
The Supreme Court's decision in Devries has shifted the landscape of asbestos lawyers litigation and could impact the way courts in other jurisdictions address the issue of the liability of third-party components that are 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 that other federal circuits to apply this doctrine to cases that aren't maritime.
This ruling was the first time that an appeals court of the federal level has applied the bare metal defense in an asbestos lawsuit, and represents a significant departure from traditional product liability law. Most courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to inform about the dangers posed by replacement parts it did't manufacture or sale.
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 strategies for litigation, oversee local and regional counsel, and achieve an effective, cost-effective and consistent defense that is in line with their objectives. Our lawyers present at industry conferences on important issues that affect asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique method has proven to be effective in reducing exposure and legal expenses for our clients.
Expert Witnesses
An expert witness is someone who has specialized skills, experience or knowledge and offers independent assistance to the court with the aid of an impartial opinion on issues that fall within his area of expertise. He must be able to clearly articulate the facts or assumptions on which his opinion is based and should not be oblivious to consider matters which might affect his opinions.
In cases where asbestos exposure is suspected, medical experts may be required to help evaluate the claimant's condition and to determine any causal connections between the condition and the alleged source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health professionals.
Experts are there to offer impartial technical assistance, whether they represent the prosecution or the defence. He should not assume the role of advocate and should not try to influence or convince the jury to favor his client. The obligation to the court overrides his obligations to his client, and he should not attempt to promote an argument or locate evidence to support it.
The expert should collaborate with other experts to eliminate any issues that are peripheral and identify any technical issues. The expert should also co-operate with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint declaration of experts ordered by the court.
After his examination in chief the expert should be able to explain his conclusions and the reasons for them in a clear and understandable way. He should be prepared to answer questions from the prosecution or the judge and should be prepared to address any issues that are raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers can assist and advise regional and national defense counsel, as well as local regional, expert witnesses and experts. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation across the country.
Medical Experts
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the latency between exposure to asbestos and beginning symptoms. Asbestos cases often involve complex theories of injuries that stretch for decades and connect dozens or hundreds of defendants. It is nearly impossible for a plaintiff to prove their case without the help of experts.
Medical and other experts in the field are necessary to assess the extent of a person's exposure, assess their medical conditions and offer insight into possible health issues that could arise in the future. Experts like these are essential to any case, and should be thoroughly vetted and educated in the relevant field. The more experience an expert in science or medicine has the more persuasive the expert will be.
asbestos attorney cases usually require an expert in science or medicine to analyze the claimant's medical records and conduct a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.
Other experts like industrial hygienists might also be needed to assist in establishing asbestos-related exposure levels. They can employ sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at the workplace or at home to legal exposure standards.
These experts can be very valuable in defending companies who produce or distribute asbestos-related goods. They often are able to demonstrate that the levels of exposure for plaintiffs were not in the range of legal limits, and that there was no evidence of negligence on the part of the employer 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 that are in place at a specific work site or company and how they relate to the liability of asbestos producers. They can, for example, establish that renovation materials damaged during the course of a remodel could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to be released.
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