Asbestos Litigation Defense
To defend companies against asbestos-related lawsuits in the future, it is essential to examine the medical records of the plaintiff as well as their work history and testimony. We often employ the bare-metal defense, which is focused on proving that your company didn't manufacture, sell or distribute the asbestos-containing products in question in the case of a claimant.
Asbestos cases require a distinctive approach and a tenacious strategy to achieve success. We serve as local counsel, regional and national.
Statute of limitations
The statute of limitations is a time limit within which lawsuits are required to be filed. For asbestos cases, this means that the legal deadline for filing is between one and six years after a victim is diagnosed with an asbestos-related disease. It is important for the defense to show that the alleged injury occurred within the timeframe. This usually requires a thorough study and analysis of the plaintiff's employment history, including interviews of former coworkers, and a careful study of Social Security and union records as well as tax and tax documents.
In defending an asbestos-related case, there are many complicated issues. Asbestos-related victims can suffer from a less severe illness, such asbestosis, before being diagnosed with a fatal disease like mesothelioma. In these instances, a lawyer for defense will argue that the statute of limitations should start when the victim was aware or reasonably ought to have realized that their exposure to asbestos triggered the disease.
The difficulty of these cases is also made more difficult by the fact that the statute of limitations can differ from state to state. In these cases, a seasoned mesothelioma lawyer may try to file the case in a state where the majority of the exposure alleged to have taken place. This is a difficult job, since asbestos victims often move around the country to find work and the alleged exposure could have occurred in several states.
The process of establishing the facts can be a challenge in asbestos litigation. Contrary to other types of personal injury cases, which usually involve only a few defendants, asbestos-related litigation typically involves a number of parties. As a result, it is often difficult to get relevant evidence in these cases, particularly when the plaintiff's claim of injuries spans decades and involves many defendants.
The McGivney, Kluger, Clark & Intoccia Team has vast 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 get consistent, cost-effective results in accordance with the client's goals. We regularly appear before coordination and trial judges and special masters of litigation, across the nation.
Bare Metal Defense
In the past, manufacturers of boilers, turbines valves and pumps have protected themselves from asbestos lawsuits using the "bare metal" doctrine or component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injury caused by replacement parts they did not design or manufacture.
In the case of Devries, a worker at an Tennessee Eastman chemical plant sued several equipment manufacturers to treat mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed asbestos exposure occurred while working at the plant, and was diagnosed with mesothelioma several years later.
The Supreme Court's Devries decision has changed the nature of asbestos litigation and could affect the way that courts in other jurisdictions tackle the issue of third-party parts that manufacturers include in their equipment. The Court declared that the application 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 are not maritime.
This was the first time that a federal appellate court used the bare-metal defense in a case involving asbestos, and it's a major departure from the traditional law regarding product liability. The majority of courts have interpreted the "bare metal" defense as a rejection of the obligation of a manufacturer to warn about harm caused by replacement parts it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We help our client develop strategies for litigation, manage regional and local counsel, and achieve an effective, cost-effective and consistent defense in line with their goals. Our lawyers are invited to participate in industry conferences on important issues affecting asbestos litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, judges and special masters of litigation. Our unique strategy has proven successful in cutting down on our clients' exposure and legal costs.
Shreveport asbestos attorney is someone who has specific skills, experience or knowledge and provides independent assistance to the court in the form of unbiased opinion concerning issues that fall within his field of expertise. He should clearly state the facts or assumptions upon the basis of his opinion and must not fail to look into matters that might affect his conclusions.
In cases where asbestos exposure is suspected medical experts may be required to evaluate the claimant's condition and to determine any causal links between the condition and the identified source of exposure. A lot of the diseases associated with asbestos are very complex, requiring the expertise of experts in the field. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.
Whether it is the prosecution or defence the expert's job is to provide impartial technical assistance. Experts should not be an advocate or attempt to influence the jury to favor his client. The duty to the court is greater than his obligations to his client. He should not try to push a particular argument or find evidence to support it.
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 work with those instructing him in identifying areas of agreement and disagreement for the purpose of the joint statement of experts ordered by the court.
The expert should, at the end of his examination, present his conclusions and the reasoning behind the conclusions in a manner that is clear and understandable. He should be able to answer questions posed by the judge or the prosecution, and be prepared to answer all questions raised during cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can handle and advise national and regional defense counsel, as along with local, regional and expert witnesses and experts. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation throughout the country.
Medical Experts
Due to the issues of latency that occur between asbestos exposure and beginning of symptoms Expert witnesses play an extremely important role in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that span decades and involve hundreds or dozens of defendants. This is why it is nearly impossible for a plaintiff to establish their case without the assistance of experts.
Medical and other scientists are essential to determine the extent of a person's exposure, assess their medical conditions and provide information about possible health issues that could arise in the future. Experts like these are essential to any case and must be thoroughly examined and educated about the subject. The more experience an expert in medicine or science has, the more persuasive he is.
Asbestos cases often require a medical or scientific expert to analyze the medical records of the claimant and conduct a physical examination. These experts can testify as to whether exposure to asbestos was sufficient to cause a particular medical condition such as mesothelioma, lung cancer, or other types of scarring in the respiratory tract and lungs (e.g. plaques in the pleural cavity).
Other experts such as industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling and analytical techniques to determine the amount of asbestos in the air in a home or workplace and compare them to the legal exposure standards.
They can be beneficial in defending companies that 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 not evidence of employer negligence or the responsibility of the manufacturer of the product.
Other experts that could be involved in these cases include occupational and environmental specialists. They can provide information into the safety procedures that exist at a particular workplace or business, and how they connect to the liability of asbestos manufacturers. For instance, they 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 fibers to release and become inhaled.