10 Apps To Help You Manage Your Asbestos Litigation Defense

Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits, it is necessary to examine the medical records of the plaintiff, work history, and testimony. We often employ the bare metal defense, which is based on the argument that your company didn't manufacture or sell the asbestos-containing products that are at issue in the case of a claimant.

Asbestos cases require an exclusive method and a persistent approach to achieve successful results. We act as local counsel, regional and national.

Statute of Limitations

The majority of lawsuits must be filed within a specific time period, known as the statute of limitations. For asbestos-related cases, that means the legal deadline for filing is between one and six years after the victim is diagnosed with an asbestos litigation cases-related condition. It is crucial for the defense to prove that the alleged injury occurred after the deadline. Often, this means conducting a thorough review of the plaintiff's past work history, including interviews with former colleagues and the careful examination of Social Security, union, tax and other records.

Defending asbestos cases involves a variety of complex issues. For instance, asbestos-related victims are more likely to suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these instances an attorney for defense will argue that the limitation period should begin when the victim knew or reasonably ought to have realized that their asbestos exposure caused the disease.

The difficulty of these cases is exacerbated by the fact that the statute of limitations may differ between states. In these cases an experienced mesothelioma lawyer will attempt to bring the case in the state where the majority of the exposure alleged occurred. This can be a challenging task, as asbestos victims typically travel around the country to find work, and the exposure could have occurred in multiple states.

The discovery process is challenging in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants as in most cases, there are often dozens of parties involved. This means it can be difficult to find a meaningful discovery in these cases, especially when the plaintiff's theory of injuries spans decades and involves many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to develop a strategy for litigation, manage local counsel and achieve consistent, cost-effective results in accordance with the goals of the client. We regularly appear in front of coordinating and trial judge, as well as litigation masters, across the country.

Bare Metal Defense

In the past, manufacturers of boiler, turbine and pump equipment have defended themselves in asbestos litigation by asserting a defense known as the "bare metal" or the component part doctrine. This defense argues that a company cannot be held responsible for asbestos law and litigation-related injuries resulting from replacement components that the company did not make or install.

In the case Devries v. Devries, an Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets on equipment such as valves, pumps and steam traps (Equipment defendants). He claimed he was exposed to asbestos during his time at the plant and was diagnosed with mesothelioma several years later.

The Supreme Court's Devries decision has altered the landscape of asbestos litigation and could affect how courts in other jurisdictions approach the issue of third-party parts that manufacturers incorporate into their equipment. The Court stated that the application of the bare metal defense in this context is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this doctrine to cases that are not maritime, as well.

This was the first time a federal appellate court used the"bare-metal" defense in a case involving asbestos exposure litigation and it's a major departure from the traditional law regarding product liability. Most courts have interpreted this "bare metal" defense as a rejection of the obligation of a manufacturer to warn of the dangers caused by replacement parts that it did not manufacture or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We help our clients develop strategies for Asbestos Law & Litigation litigation, oversee local and regional counsel, and provide an efficient, cost-effective defense that is in line with their goals. Our lawyers are invited to participate in conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and working closely with the coordinating judges and trial courts as well as litigation special masters. Our unique strategy has proven successful in reducing legal spend for our clients.

Expert Witnesses

An expert witness is a person who has specialized skills, knowledge or experience and offers independent assistance to the court by way of an impartial opinion on issues that fall within his area of expertise. He should be able to clearly express his opinion and the evidence or assumptions he is basing it on. He should not overlook any aspect 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 the identification of any causal link between their condition and a known source of exposure. Many of the ailments associated with asbestos are complex and require the expertise of specialists. This includes nurses and doctors, pharmacists, toxicologists or occupational health specialists, epidemiologists and pharmacists.

Experts are there to provide impartial technical assistance, whether they represent the prosecution or the defense. He is not expected to assume the role of an advocate, nor should he seek to influence or persuade the jury in favour of his client. He should not attempt to convince the jury or advocate for an argument.

The expert should co-operate with other experts in attempting to resolve any technical issues at an early stage and eliminate any irrelevant issues. The expert should also work with those who instruct him to pinpoint areas of agreement and disagreement for the joint statement of expert ordered by the court.

At the conclusion of his main examination the expert should be able to be able to explain his findings and the reasons for them specializes in asbestos litigation a clear and comprehensible manner. He should be prepared to answer questions from either the prosecution or judge, and be prepared to address all points raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex Asbestos law & litigation, m.cn.2An.co.kr, litigation involving multiple parties and jurisdictions. Our lawyers can advise and manage regional and national defense counsel as well as local and regional experts and witnesses. Our team appears regularly before judges who are coordinating asbestos litigation across the country as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and appearance of symptoms experts play a significant role in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that stretch for decades and connect hundreds or dozens of defendants. This is why it is almost impossible for a plaintiff to establish their case without the help of experts.

Experts in medicine and other sciences are needed to evaluate the extent of a person's exposure and their medical condition, as well as to provide information on future health issues. Experts like these are essential to any case and should be thoroughly vetted and educated in the relevant field. The more experience a medical or scientific expert has the more persuasive they will be.

In many asbestos cases a medical expert or scientist is required to examine the records of the claimant as well as perform a physical exam. These experts can testify as to whether the claimant's exposure asbestos was enough to cause a specific medical condition such as mesothelioma, lung cancer, or other forms of scarring on the respiratory tract and lungs (e.g., pleural plaques).

Other experts, such as industrial hygienists may be required to assist in establishing the existence of asbestos-related exposure levels. They can utilize advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in a home or workplace and Asbestos law & litigation compare these levels to legal exposure standards.

These experts can be very valuable in defending companies who produce or distribute asbestos-related goods. They are often in a position to prove that plaintiffs' exposure levels were not in the range of legal limits, and that there was not evidence of negligence by the employer or the responsibility of the manufacturer of the product.

Other experts in these cases include environmental and occupational specialists who can offer insights into the quality of safety protocols at a given work site or company and how they are related to the liability of asbestos manufacturers. They can, for example, establish that renovation materials damaged during a remodel project may contain asbestos or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to release.