How To Outsmart Your Boss On Asbestos Litigation Defense

Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough examination of a plaintiff's history of work as well as medical records and evidence. We typically use a bare metal defense that focuses on arguing your company didn't manufacture or sell asbestos-containing products that are the subject of the claimant's lawsuit.

Asbestos cases require a unique approach and a determined approach to achieve successful results. We are 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. In asbestos cases the deadline for filing a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related disease. In order to defend the case it is crucial to prove that the claimed accident or death did not occur prior to the deadline. This often requires a thorough review and analysis of the plaintiff's work history, including interviews of former coworkers and a careful study of Social Security and union records and tax, tax, and other documents.

In defending asbestos cases, there are various complex issues. For instance, asbestos-related victims often develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these instances an attorney for defense will argue that the statute of limitations should start when the victim knew or reasonably ought to have known that their exposure to asbestos caused the disease.

These cases are made more complex due to the fact that the statute of limitations may differ from state to state. In these instances, an experienced mesothelioma lawyer may try to bring the case to the state in which the majority of the alleged exposure took place. This can be a challenging task, as asbestos victims often move around the country to find jobs, and the alleged exposure could have occurred in a variety of states.

The process of discovery can be a challenge in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are usually dozens of parties involved. As a result, it can be hard to get an accurate discovery in these cases, especially when the plaintiff's argument for injuries spans decades and binds several different 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 local and regional counsel to devise strategies for litigation, manage local counsel, and achieve efficient and consistent results while coordinating with the client's goals.  Anaheim asbestos attorneys  appear before the trial judge and the coordinating judge as also litigation masters across the country.

Bare Metal Defense

Historically, manufacturers of boiler, turbine and pump and valve equipment have successfully defended themselves against asbestos litigation by asserting the defense referred to as the "bare metal" or the component part doctrine. This defense argues that a company cannot be held liable for asbestos-related injuries caused by replacement components that the company did not design or install.

In the case of Devries, an employee of the 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 for equipment like valves, pumps and steam traps (Equipment Defendants). He claimed that asbestos was ingested when working at the plant and was diagnosed with mesothelioma several years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation. It may impact how courts in other jurisdictions handle the issue of the liability of third-party components that are added 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 are not maritime.

This ruling was the first time that a federal appeals court has applied the bare metal defense in a lawsuit involving asbestos, and is a significant departure from traditional product liability law. The majority of courts have understood "bare metal" as a rejection of the responsibility of a manufacturer 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 multi-jurisdictional, industry-wide asbestos litigation. We assist our clients in developing litigation strategies, manage local and regional counsel and achieve an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys also present at conferences for industry professionals on the important issues that influence asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating with the coordinating judges and trial courts, as well as special masters. Our unique method has proven successful in reducing exposure and 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 within his expertise. He should be able to clearly express his views and the evidence or assumptions he's basing it on. He should not ignore any factors that could influence 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 health and to determine if there is a causal link between their condition and the identified source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of experts. This can include nurses and doctors pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists, and pharmacists.

In the event of a prosecution or defence the expert's job is to provide impartial technical assistance. He should not assume the position as an advocate and should not try to influence or convince a jury to support his client. The duty to the court is greater than his duties to his client, and he should not attempt to promote an argument or locate evidence to back it.

The expert should collaborate with the other experts to resolve any peripheral issues and narrow down any technical issues. The expert should also work with the people who instruct him in identifying areas of agreement and disagreement for the purpose of the joint statement of experts commissioned by the court.

The expert should at the conclusion of his examination chief, explain his conclusions as well as the reasons behind the conclusions in a manner that is easy to understand and clear. He should be prepared to answer questions from the prosecution or judge and should be willing to address 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 attorneys can assist and advise regional and national defense counsel as well as local, regional and expert witnesses and experts. Our team regularly appears before the asbestos litigation judges who coordinate across the country 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 typically involve complicated theories of injuries that stretch for decades and involve dozens or hundreds of defendants. It is almost impossible for a claimant to prove their case without the assistance of experts.

Experts in the fields of medicine and other sciences are required to determine the extent of a person's exposure and medical condition, as well as provide information on future health issues. These experts are vital to any case and should be thoroughly vetted and educated about the subject. The more experience an scientist or doctor has the more convincing they is.

In a majority of asbestos cases, a medical expert or scientist is required to look over the records of the claimant as well as perform a physical exam. Experts can verify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.

It could be necessary to consult other experts, like industrial hygienists to determine if there is asbestos exposure levels. They can use sophisticated analytical and sampling techniques to compare airborne asbestos levels at the workplace or at home to legal exposure standards.

These types of experts can be extremely useful when defending companies who manufactured or distributed asbestos-related goods as they often have the capability of proving that the exposure levels of plaintiffs were within the legal limit and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.

Other experts who could be involved in these cases include occupational and environmental specialists. They can provide insights into the safety protocols that are in place at a specific workplace or company and how they relate to the liability of asbestos manufacturers. For instance, they can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos, or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and then be inhaled.