15 Of The Top Asbestos Litigation Defense Bloggers You Should Follow

Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough examination of the plaintiff's employment history, medical records and testimony. We often use a bare metal defense that focuses on arguing your company didn't manufacture, sell, or distribute the products containing asbestos at issue in the claimant's lawsuit.

Asbestos cases are unique and require a determined approach to achieving successful results. We act as local, regional and national counsel.

Statute of Limitations

The majority of lawsuits have to be filed within a certain time period, known as the statute of limitations. For asbestos cases, this means that the legal deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos-related illness. In order to defend the case, it is important to prove that the claimed injury or death did occur prior to this 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 records.

The process of defending asbestos cases involves many complicated issues. Asbestos-related victims can develop a less severe illness, such as asbestosis, before being diagnosed with a fatal illness 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 caused the disease.

These cases are complicated because the statute of limitations can vary from state to state. In these cases a mesothelioma lawyer who is experienced will try to bring the case in the state where the bulk of the alleged exposure occurred. This can be a challenging task since asbestos sufferers often moved across the country in search of work, and the alleged exposure could have occurred in several states.

The discovery process is difficult in asbestos litigation. In contrast to other types of personal injury cases, which often contain only a few defendants, asbestos-related litigation typically involves a number of defendants. As a result, it is often difficult to obtain relevant evidence in these cases, especially when the plaintiff's claim of injuries spans decades and binds multiple defendants.

The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with local and regional counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results in accordance with the client's goals. We regularly appear before coordination and trial judges, as well as special masters of litigation, across the country.

Bare Metal Defense

In the past, manufacturers of boilers, turbines, pump and valve equipment have sought to defend themselves in asbestos litigation by claiming a defense known as the "bare metal" or component part doctrine. This defense holds that a manufacturer cannot be held liable for asbestos-related injuries caused by replacement components that the company didn't design or install.

In the case of Devries, a worker at a Tennessee Eastman chemical plant sued several equipment manufacturers for 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).  Turlock asbestos lawyer  claimed that asbestos was ingested during his time at the plant, and was diagnosed with mesothelioma years later.

The Supreme Court's decision in Devries has changed the course of asbestos litigation and could impact the way courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court stated that this application 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 was the first time that a federal appellate court ruled on the"bare-metal" defense in a case involving asbestos and it's a major deviation from the standard law regarding product liability. Most courts have interpreted "bare metal" as a denial of the responsibility of a maker to warn about the dangers posed by replacement parts it did not manufacture or sale.

The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop litigation strategies, manage regional and local counsel, and ensure a consistent, cost-effective defence in line with their goals. Our lawyers participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm has a long history of defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique approach has proven to be effective in reducing legal expenses for our clients.

Expert Witnesses

An expert witness is a person who has specialized expertise, knowledge or experience and can provide independent advice to the court by way of an objective opinion regarding matters of his field of expertise. He should clearly state the facts or assumptions on which his opinions are based and must not fail to look into matters that might affect his conclusions.

In the event that asbestos exposure is claimed medical experts could be required to evaluate the claimant's condition and to determine any causal connections between the condition and the source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of experts. This could include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health professionals.

Whether it is the defense or prosecution, an expert's role is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury in favor of his client. He should not attempt to convince the jury or advocate for an argument.

The expert should collaborate with the other experts to eliminate any peripheral issues and narrow down any technical issues. The expert should also cooperate with those instructing him in identifying areas of agreement and disagreement to serve the purpose of the joint declaration of experts ordered by the court.

After completing his main examination, the expert should present his conclusions and the reasoning behind them in a clear and comprehensible way. He should be ready to answer questions posed by the prosecution or judge, and be willing to answer all questions that were raised during cross-examination.

Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers can assist and manage regional and national defense counsel and regional and local experts as well as witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country and also before trial judges and special Masters.

Medical Experts

Expert witnesses are crucial in cases which involve asbestos-related injuries due the time lag between exposure to asbestos and the beginning symptoms. Asbestos cases typically involve complicated theories of injury that stretch for decades and link hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Experts in medicine and other sciences are required to determine the extent of an individual's exposure and their medical condition, as well as give insight into the future health concerns. Experts like these are essential in any case and should be well-vetted and familiar with the field of study. The more experience the medical or scientific expert has the more persuasive they'll be.

In many asbestos cases an expert in medicine or a scientist is required to look over the records of the claimant and conduct a physical exam. Experts can verify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.

It is possible to seek out other experts, such as industrial hygienists to determine if there is asbestos exposure levels. They can utilize advanced sampling and analytical methods to assess the levels of asbestos in the air in the workplace or at home and compare these levels to legal exposure standards.

These experts can be very valuable in defending companies who manufacture or distribute asbestos-related products. They often are in a position to prove that the levels of exposure for plaintiffs were below the legal limits and that there was not evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.

Other experts who may be involved in these instances are environmental and occupational specialists. They can provide information into the safety guidelines which are in place at a particular workplace or company and how they relate to asbestos manufacturers' liability. These experts could be able to, for instance, prove that renovation materials disturbed in a remodel project may contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos fibers and asbestos dust to escape.