How To Outsmart Your Boss Asbestos Litigation Defense

Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough review of a plaintiff's work history as well as medical records and evidence. We typically employ a naked metal defense, which focuses on proving that your company didn't make, sell, or distribute asbestos-containing products in the plaintiff's lawsuit.

Asbestos cases require a unique method and a persistent 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 anywhere between one and six years after a person is diagnosed with an asbestos-related illness. It is crucial for the defense to show that the injury was sustained after the deadline. This often requires a thorough examination and analysis of the plaintiff's employment background, including interviews with former coworkers, as well as a thorough examination of Social Security and union records, as well as tax, tax, and other documents.

In defending  Naperville asbestos lawsuit , there are a variety of complex issues. Asbestos victims may suffer from a less severe illness, such as asbestosis, before they are diagnosed with a fatal condition like mesothelioma. In these cases, a defense attorney will argue that the statute of limitations should start when the victim knew or reasonably ought to have realized that their exposure to asbestos triggered the disease.

These cases are complicated due to the fact that the statute of limitations can vary from state to state. In these cases, an experienced mesothelioma lawyer will attempt to bring the case in the state where the majority of the alleged exposure occurred. This can be a challenging task because asbestos victims frequently moved around the country in search of employment, and the alleged exposure may have taken place in several states.

The discovery process can be difficult in asbestos litigation. Unlike other types of personal injury cases, which usually contain only a few defendants, asbestos-related litigation typically involves a number of defendants. It can be difficult to obtain relevant discovery when there are many defendants, and the plaintiff's case extends over a long period of time.

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 local and regional counsel to develop litigation strategy as well as manage local counsel and achieve consistent, cost-effective results, in coordination with the goals of the client. We regularly appear before the trial judge and coordinating judge, as also litigation masters across the country.

Bare Metal Defense

Historically, manufacturers of boilers, turbines and pump and valve equipment have sought to defend themselves in asbestos litigation by claiming an argument referred to as the "bare metal" or component part doctrine. This defense states that a company is not responsible for asbestos-related injuries resulting from replacement parts that they did not manufacture or install.

In the case of Devries, an employee at an Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets on equipment like pumps, valves and steam traps (Equipment Defendants). 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 decision in Devries has shifted the landscape of asbestos litigation, and could impact the way courts in other jurisdictions deal with the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said that this use of the bare-metal defense was "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 a federal appeals court has applied the bare-metal defense in an asbestos lawsuit, and represents a significant departure from traditional product liability law. The majority of courts have interpreted the "bare metal" defense as a rejection of the responsibility of a manufacturer to warn about harm caused by replacement parts that they did not make 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 litigation strategies, manage regional and local counsel, and provide an effective, cost-effective and consistent defense in coordination with their objectives. Our lawyers also speak at industry conferences about important issues that influence asbestos litigation. Our firm's experience includes defending clients in every state and collaborating with coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven to be successful in reducing legal costs for our clients.

Expert Witnesses

A person with specific expertise, experience or knowledge is an expert witness. They offer independent assistance to a court by offering an impartial opinion on matters within their expertise. He should be able to clearly express his opinion and the facts or assumptions he's basing it on. He should not overlook any aspect that might affect his conclusions.

In cases involving allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's illness and the identification of any causal link between their condition and an identified source of exposure. Many of the ailments that are caused by asbestos are complicated and require the expertise of experts. This includes doctors and nurses as well as toxicologists, pharmacists occupational health specialists, epidemiologists, and pharmacists.

Experts are available to provide impartial technical assistance, whether they represent the prosecution or the defence. Experts should not be an advocate or try to influence the jury to favor his client. The duty to the court supersedes his obligations to his client and he should not attempt to support an argument or seek evidence to justify it.

The expert should cooperate with the other experts in attempting to narrow any technical issues at an early stage and eliminate any peripheral issues. The expert should also work with the people who instruct him to pinpoint areas of agreement and discord for the joint declaration of expert ordered by the court.

After his chief examination, the expert should present his conclusions and the reasons behind them in a clear and easy-to-understand manner. He should be prepared to answer questions posed by the prosecution or judge, and be willing to address all points raised during cross-examination.

Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can assist and advise regional and national defense counsel, as in addition to local, regional and expert witnesses and experts. Our team appears regularly before judges who are coordinating asbestos litigation across the nation, as well as trial judges and special Masters.

Medical Experts

Expert witnesses are extremely important in cases which involve asbestos-related injuries due the delay between exposure to asbestos and the initial symptoms. Asbestos cases frequently involve complex theories of injury that stretch for decades and involve dozens or even hundreds of defendants. This is why it is almost impossible for a plaintiff to establish their case without the assistance 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 to provide information on future health issues. These experts are crucial to any case and must be well-vetted and familiar with the field of study. The more experience a medical or scientific expert has, the more persuasive they'll be.

Asbestos cases usually require an expert in science or medicine to review the claimant's medical records and conduct a physical examination. Experts can testify as to whether the claimant's exposure to asbestos was enough to trigger a particular medical condition like mesothelioma or lung cancer, or other forms of scarring in the respiratory tract and lungs (e.g. plaques in the pleural cavity).

Other experts, such as industrial hygienists might be required to assist in establishing the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical methods 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 also prove valuable in defending companies that produced or distributed asbestos-related goods as they often have the capability of demonstrating that the exposure levels of plaintiffs were below legal limits and that there was no evidence of negligence by the employer or manufacturer responsibility.

Other experts who could be involved in these cases are occupational and environmental experts. They can provide insights into the safety procedures that are in place at a specific workplace or company and how they connect to the liability of asbestos producers. These experts could determine, for instance, that the materials used in a remodel project may contain asbestos, or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to release.