The 10 Most Scariest Things About Asbestos Litigation Defense
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Asbestos Litigation Defense
Defending companies from asbestos litigation requires a thorough examination of the plaintiff's employment history as well as medical records and evidence. We typically use a bare metal defense that focuses on the fact that your company didn't manufacture or sell asbestos-containing products that are at issue in the claimant's lawsuit.
Asbestos cases require a unique method and a persistent approach to get results. We are local, regional and national counsel.
Statute of limitations
The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases the deadline to file a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related condition. For the defense it is crucial to establish that the alleged injury or death did not occur prior to the deadline. This typically requires a thorough study and analysis of the plaintiff's employment history, including interviews of former coworkers and a thorough examination of Social Security and union records as well as tax, tax, and other documents.
The process of defending asbestos cases involves various complex issues. For example, asbestos victims typically suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these instances, a lawyer for defense will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos triggered the disease.
The complexity of these cases is exacerbated by the fact that the time limit for filing a lawsuit may vary between states. In these instances, an experienced mesothelioma lawyer will attempt to file the case in the state in which the majority of the exposure is believed to have taken place. This can be a challenging job, since asbestos victims frequently travel across the country to find work and the alleged exposure could have occurred in several states.
The discovery process can be a challenge in asbestos litigation. In contrast to other types of personal injury cases, which typically contain only a few defendants, asbestos-related litigation usually involves a number of parties. This means it can be hard to obtain relevant evidence in these cases, particularly 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 in multi-district and multi-jurisdictional asbestos 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 coordination with client objectives. We regularly appear before coordination and trial judges, as well as special masters of litigation across the nation.
Bare Metal Defense
In the past, manufacturers of boilers, turbines valves and pumps have protected themselves against asbestos lawsuits by arguing what is known 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 manufacture or install.
In the case of Devries, an employee at an Tennessee Eastman chemical plant sued several equipment manufacturers for his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps, and gaskets from equipment like pumps, valves and steam traps. He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma several 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 is "cabined" in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime.
This ruling was the first time that a federal appeals court applied the bare-metal defense in an asbestos lawsuit, and is a significant departure from traditional product liability law. Most courts have interpreted the "bare metal" defense as a rejection of the obligation of a company to warn about harm caused by replacement parts that it did not create or sell.
The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos attorneys lawsuits that affect the entire industry. We help our client develop strategies for litigation, oversee local and regional counsel, and provide an efficient, cost-effective defense in line with their goals. Our lawyers also speak at industry conferences about important issues that influence asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven successful in reducing exposure and legal costs for our clients.
Expert Witnesses
A person with specialized knowledge, skills or experience is an expert witness. They provide impartial assistance to a judge by providing an unbiased opinion on issues within their field of expertise. He must clearly state the facts or assumptions on the basis of his opinion and must not fail to look into matters that might affect his conclusions.
In cases that involve allegations of exposure to asbestos, medical professionals 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 an identified source of exposure. A lot of the diseases caused by asbestos are extremely complicated, requiring the expertise of specialists in the field. This could include doctors and nurses, pharmacists, toxicologists or occupational health specialists, epidemiologists, and pharmacists.
In the event of a defense or prosecution, an expert's role is to provide impartial technical assistance. He should not assume the role as an advocate or seek to influence or convince a jury to support his client. He should not try to convince jurors or make an argument.
The expert should work with the other experts to resolve any issues that are peripheral and narrow down any technical issues. The expert should also collaborate with the people who instruct him to identify areas of agreement and discord in the joint statement of the expert commissioned by the court.
After his chief examination, the expert should explain his conclusions and the reasons for them in a clear and easy-to-understand way. He is expected to be able to respond questions from the prosecution or judge and should be willing to discuss any issues that are raised on cross-examination.
Cetrulo LLP is well versed in the defense of clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers are able to assist and manage national and regional defense counsel and local and regional experts and witnesses. Our team regularly appears before coordinating judges, trial judges, and special masters in asbestos litigation across the nation.
Medical Experts
Expert witnesses are crucial in cases that involve asbestos-related injuries because of the latency between exposure to asbestos lawyer and beginning symptoms. Asbestos cases often involve complex theories of injuries that can span decades and involve hundreds or even dozens of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Experts in the field of medicine and other science are needed to evaluate the extent of an individual's exposure and their medical condition, as well as to provide insight into future health concerns. These experts are crucial to any case, and must be thoroughly examined and knowledgeable in the relevant field. The more experience the medical or scientific expert has the more convincing they'll be.
Asbestos cases often require a medical or scientific expert to review the medical records of the plaintiff and conduct a physical examination. These experts can testify as to whether the claimant's exposure to asbestos was enough to cause a specific medical condition such as mesothelioma, lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g. plaques in the pleural cavity).
Other experts like industrial hygienists may be required to assist in establishing asbestos-related exposure levels. They can use advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
These types of experts can also prove valuable when defending companies that manufactured or distributed asbestos-related products, as they often have the capability of demonstrating that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.
Other experts that could be involved in these cases are environmental and occupational specialists. They can provide insights into the safety guidelines which are in place at a particular workplace or business and how they connect to asbestos manufacturers' liability. For instance, these experts can establish that the materials damaged during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos lawsuits fibers to release and become inhaled.
Defending companies from asbestos litigation requires a thorough examination of the plaintiff's employment history as well as medical records and evidence. We typically use a bare metal defense that focuses on the fact that your company didn't manufacture or sell asbestos-containing products that are at issue in the claimant's lawsuit.
Asbestos cases require a unique method and a persistent approach to get results. We are local, regional and national counsel.
Statute of limitations
The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases the deadline to file a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related condition. For the defense it is crucial to establish that the alleged injury or death did not occur prior to the deadline. This typically requires a thorough study and analysis of the plaintiff's employment history, including interviews of former coworkers and a thorough examination of Social Security and union records as well as tax, tax, and other documents.
The process of defending asbestos cases involves various complex issues. For example, asbestos victims typically suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these instances, a lawyer for defense will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos triggered the disease.
The complexity of these cases is exacerbated by the fact that the time limit for filing a lawsuit may vary between states. In these instances, an experienced mesothelioma lawyer will attempt to file the case in the state in which the majority of the exposure is believed to have taken place. This can be a challenging job, since asbestos victims frequently travel across the country to find work and the alleged exposure could have occurred in several states.
The discovery process can be a challenge in asbestos litigation. In contrast to other types of personal injury cases, which typically contain only a few defendants, asbestos-related litigation usually involves a number of parties. This means it can be hard to obtain relevant evidence in these cases, particularly 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 in multi-district and multi-jurisdictional asbestos 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 coordination with client objectives. We regularly appear before coordination and trial judges, as well as special masters of litigation across the nation.
Bare Metal Defense
In the past, manufacturers of boilers, turbines valves and pumps have protected themselves against asbestos lawsuits by arguing what is known 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 manufacture or install.
In the case of Devries, an employee at an Tennessee Eastman chemical plant sued several equipment manufacturers for his mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps, and gaskets from equipment like pumps, valves and steam traps. He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma several 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 is "cabined" in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime.
This ruling was the first time that a federal appeals court applied the bare-metal defense in an asbestos lawsuit, and is a significant departure from traditional product liability law. Most courts have interpreted the "bare metal" defense as a rejection of the obligation of a company to warn about harm caused by replacement parts that it did not create or sell.
The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos attorneys lawsuits that affect the entire industry. We help our client develop strategies for litigation, oversee local and regional counsel, and provide an efficient, cost-effective defense in line with their goals. Our lawyers also speak at industry conferences about important issues that influence asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven successful in reducing exposure and legal costs for our clients.
Expert Witnesses
A person with specialized knowledge, skills or experience is an expert witness. They provide impartial assistance to a judge by providing an unbiased opinion on issues within their field of expertise. He must clearly state the facts or assumptions on the basis of his opinion and must not fail to look into matters that might affect his conclusions.
In cases that involve allegations of exposure to asbestos, medical professionals 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 an identified source of exposure. A lot of the diseases caused by asbestos are extremely complicated, requiring the expertise of specialists in the field. This could include doctors and nurses, pharmacists, toxicologists or occupational health specialists, epidemiologists, and pharmacists.
In the event of a defense or prosecution, an expert's role is to provide impartial technical assistance. He should not assume the role as an advocate or seek to influence or convince a jury to support his client. He should not try to convince jurors or make an argument.
The expert should work with the other experts to resolve any issues that are peripheral and narrow down any technical issues. The expert should also collaborate with the people who instruct him to identify areas of agreement and discord in the joint statement of the expert commissioned by the court.
After his chief examination, the expert should explain his conclusions and the reasons for them in a clear and easy-to-understand way. He is expected to be able to respond questions from the prosecution or judge and should be willing to discuss any issues that are raised on cross-examination.
Cetrulo LLP is well versed in the defense of clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers are able to assist and manage national and regional defense counsel and local and regional experts and witnesses. Our team regularly appears before coordinating judges, trial judges, and special masters in asbestos litigation across the nation.
Medical Experts
Expert witnesses are crucial in cases that involve asbestos-related injuries because of the latency between exposure to asbestos lawyer and beginning symptoms. Asbestos cases often involve complex theories of injuries that can span decades and involve hundreds or even dozens of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Experts in the field of medicine and other science are needed to evaluate the extent of an individual's exposure and their medical condition, as well as to provide insight into future health concerns. These experts are crucial to any case, and must be thoroughly examined and knowledgeable in the relevant field. The more experience the medical or scientific expert has the more convincing they'll be.
Asbestos cases often require a medical or scientific expert to review the medical records of the plaintiff and conduct a physical examination. These experts can testify as to whether the claimant's exposure to asbestos was enough to cause a specific medical condition such as mesothelioma, lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g. plaques in the pleural cavity).
Other experts like industrial hygienists may be required to assist in establishing asbestos-related exposure levels. They can use advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
These types of experts can also prove valuable when defending companies that manufactured or distributed asbestos-related products, as they often have the capability of demonstrating that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.
Other experts that could be involved in these cases are environmental and occupational specialists. They can provide insights into the safety guidelines which are in place at a particular workplace or business and how they connect to asbestos manufacturers' liability. For instance, these experts can establish that the materials damaged during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos lawsuits fibers to release and become inhaled.
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