Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough examination of a plaintiff's history of work, medical records and testimony. We often use the bare metal defense, which is focused on proving that your company did not make or sell the asbestos-containing products in question in the case of a claimant.
Asbestos cases require an exclusive approach and a tenacious approach to achieve successful results. We are local, regional, and national counsel.
Statute of Limitations
Most lawsuits must be filed within a specific timeframe, referred to as the statute of limitations. In asbestos cases, this means the statutory deadline for filing is between one and six years after a person becomes diagnosed with an asbestos-related illness. To defend it is essential to establish that the alleged injury or death did not occur prior to this timeframe. This typically requires a thorough review and analysis of the plaintiff's employment history, which includes interviews with former coworkers and an in-depth study of Social Security and union records, as well as tax, tax, and other documents.
The process of defending an asbestos case involves a number of complex issues. Asbestos victims may develop a mild illness, such asbestosis, before they are diagnosed with a fatal illness like mesothelioma. In these cases, the defense attorney will argue that the time limit should be set when the victim realized or should have reasonably known that asbestos exposure caused their disease.
These cases are made more complex because the statute of limitations could vary from state to state. In these instances, an experienced mesothelioma lawyer will attempt to file the case in a state where the majority of the exposure is believed to have taken place. This can be a challenging task as asbestos sufferers typically travel around the country in search of work and the alleged exposure could have occurred in multiple states.
The discovery process is challenging in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Rather than a few defendants as in most cases, there are usually several people involved. It can be difficult to obtain meaningful discovery when there are many defendants and the plaintiff's claim stretches over decades.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to develop litigation strategy, manage local counsel and achieve consistent, cost-effective results in accordance with the client's goals. We regularly appear in front of the trial judge and the coordinating judge as also litigation masters across the country.
Bare Metal Defense
In the past, manufacturers of boilers, turbines, valves and pumps have protected themselves against asbestos lawsuits using the "bare metal" doctrine or component part doctrine. This defense holds that a company cannot be held liable for asbestos-related injuries caused by replacement components that the company did not make or install.
In the case of Devries v. Tennessee Eastman Chemical, the Tennessee Eastman Chemical plant employee filed a lawsuit against several equipment makers over his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets on equipment like pumps, valves and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos when working in the plant and was diagnosed with Mesothelioma many years afterward.
The Supreme Court's Devries decision has altered the landscape of asbestos litigation and may influence the way that the courts in other jurisdictions deal with the issue of third-party components that manufacturers include in their equipment. The Court stated that the application of the bare-metal defense in this case is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits might apply this doctrine to cases that are not maritime also.
This decision was the first time that a federal appeals court applied the bare-metal defense in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. Most courts have interpreted the "bare metal" defense as a rejection of the obligation of a company to warn of the dangers caused by replacement parts they did not make or sell.
The McGivney, Kluger, Clark & Intoccia team is regularly serving as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. Fort Lauderdale asbestos lawyer assist our clients in developing strategies for litigation, oversee local and regional counsel, and ensure an efficient, cost-effective defense in coordination with their objectives. Our attorneys also present at industry conferences on key issues affecting asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique strategy has proven effective in reducing our clients' exposure and legal costs.
Expert Witnesses
A person who has specialized expertise, skills or experience is an expert witness. They offer independent assistance to courts by offering an impartial opinion on issues within their field of expertise. He must clearly state his views 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 required to assist in the evaluation of the claimant's condition and the determination of any causal connection between their condition and an identified source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of specialists. This includes pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health specialists.
If it's the defense or prosecution, an expert's role is to provide impartial technical assistance. He is not expected to assume the role as an advocate and should not try to influence or convince a jury in favour of his client. The duty to the court is greater than his obligations to his client, and he should not attempt to promote a particular argument or find evidence to justify it.
The expert should co-operate with the other experts in attempting to resolve any technical issues at a very early stage and eliminate any peripheral issues. The expert should also work with those who are instructing him to identify areas of agreement and discord for the joint statement of the expert commissioned by the court.
The expert should, at the end of his examination chief, explain his conclusions as well as the reasons for them in a manner that is clear and understandable. He must be able to answer questions from the prosecution or the judge and should be prepared to discuss any issues that are raised on cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to manage and counsel regional and national defense counsel as well as local regional, expert witnesses and experts. Our team is regularly in front of judges who are coordinating asbestos litigation across the nation as well as trial judges and special Masters.
Medical Experts
Due to the issues of latency that occur between asbestos exposure and the onset of symptoms Expert witnesses play an extremely important role in any case that involves an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that can span decades and involve hundreds or dozens of defendants. It is nearly impossible for an individual to prove their case without the help of experts.
Medical and other scientific experts are essential to determine the extent of a person's exposure, evaluate their medical conditions and offer insight into potential future health problems. Experts like these are essential to any case and must be thoroughly checked and knowledgeable in the field they are working in. The more experience an expert in medicine or science has the more convincing they will be.
Asbestos cases typically require an expert in science or medicine to analyze the medical records of the claimant and conduct a physical examination. These experts can testify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.
Other experts, such as industrial hygienists might also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare these levels to legal exposure standards.
They can be beneficial in defending companies that produce or distribute asbestos-related goods. They are usually able to demonstrate that the exposure levels of plaintiffs were not in the range of legal limits, and that there was no evidence of negligence by the employer or manufacturer liability for the product.
Other experts in these instances include environmental and occupational experts who can provide insights into the quality of safety protocols at a specific work site or company and how they are related to the liability of asbestos manufacturers. They can, for example, establish that renovation materials disturbed in the course of remodeling could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to release.