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Asbestos Litigation Defense Protecting companies from asbestos litigation requires a thorough examination of the plaintiff's employment history as well as medical records and evidence. We often use a bare metal defense that focuses on the fact that your company didn't manufacture, sell, or distribute the products containing asbestos that are the subject of the claimant's lawsuit. Asbestos cases are unique and require a tenacious approach to achieve successful results. We act as local, regional and national counsel. Statute of Limitations The majority of lawsuits must be filed within a certain timeframe, referred to 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 condition. It is important for the defense to show that the injury occurred after the deadline. This often requires a thorough study and analysis of the plaintiff's employment history, including interviews of former coworkers, and a thorough review of Social Security and union records as well as tax, tax, and other documents. The process of defending asbestos cases involves various complex issues. Asbestos victims may develop a mild illness, such asbestosis, prior to being diagnosed with a fatal illness such as mesothelioma. In these cases, the defense attorney will argue that the time limit should be set when the victim was aware or should have reasonably believed that exposure to asbestos caused the disease. These cases are complicated because the statute of limitations could differ from state to state. In these instances, an experienced mesothelioma lawyer may try to present the case in the state in which the majority of the exposure is believed to have taken place. This can be a daunting task, as asbestos victims typically travel around the country in search of work and the alleged exposure could have occurred in multiple states. The process of discovery isn't always easy 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 typically several people involved. This means it can be difficult to get meaningful discovery in these cases, particularly when the plaintiff's claim of injuries spans decades and involves several different defendants. The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with regional and local counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results, in coordination with the client's goals. We frequently appear in front of the trial judge and coordinating judge, as and litigation masters across the country. Bare Metal Defense In the past, producers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits by arguing what is known as “bare metal” doctrine or component part doctrine. This defense argues that a manufacturer can't be held liable for asbestos-related harms caused by replacement components that the company didn't design or install. In the case of Devries, a worker at an Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps and gaskets from equipment such as valves, pumps and steam traps. He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma many years later. The Supreme Court's decision in Devries has altered the face of asbestos litigation and could affect how courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this context is “cabined” to maritime law however, it left open the possibility that other federal circuits might apply this principle to non-maritime cases, as well. This was the first time that a federal appellate court ruled on the bare-metal defense in an asbestos case, and it's a significant departure from the traditional product liability laws. The majority of courts have interpreted “bare metal” as a denial of the obligation of a manufacturer to warn about the dangers posed by replacement parts it did not make or sell. The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We assist our clients in developing strategies for litigation, oversee local and regional counsel and ensure an efficient, cost-effective defense in line with their goals. Our lawyers participate in industry conferences on major issues that affect asbestos litigation. Our firm's experience includes defending clients across the nation and working closely with coordinating judges and trial courts as well as litigation special masters. Our unique method has proven successful in decreasing our clients' risk and legal costs. Expert Witnesses A person with specific expertise, skills or experience can be an expert witness. They provide impartial assistance to courts by offering an impartial opinion on issues within their area of expertise. He must clearly state the facts or assumptions upon which his opinion is based and should not omit to consider matters which could detract from his concluded conclusions. In cases that involve allegations of exposure to asbestos, medical professionals are often called upon to assist in the assessment of the claimant's health and the determination of any causal connection between their 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 includes pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health professionals. Experts are there to provide impartial technical assistance, whether they are representing the defense or the prosecution. He should not assume the position as an advocate, nor should he seek to influence or convince the jury to favor his client. He should not attempt to convince jurors or advocate for an argument. The expert should co-operate with the other experts in attempting to reduce any technical issues at an early stage and eliminate any irrelevant matters. The expert should also work with those who instruct him to pinpoint areas of agreement and disagreement for the joint statement of the expert as ordered by the court. At the conclusion of his examination in chief the expert must explain his conclusions and the reasons behind them in a clear and understandable manner. He should be able to answer questions posed by the judge or prosecution and be able to discuss all issues raised during cross-examination. Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can advise and manage national and regional defense counsel, as well as local and regional experts and witnesses. Our team regularly appears before the coordinating judges, trial judges, and special masters in asbestos litigation across 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 that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that span decades and connect dozens or hundreds of defendants. Because of this, it's nearly impossible for a plaintiff to establish their case without the help of experts. Medical and other experts in the field are essential to determine the extent of a claimant's exposure, assess their medical conditions and offer insight into the possibility of future health issues. These experts are crucial to any case, and must be thoroughly examined and knowledgeable in the field they are working in. The more experience the medical or scientific expert has the more persuasive they'll be. In Baytown asbestos lawsuit , an expert in medicine or a scientist is required to look over the records of the claimant and conduct an examination. Experts can testify to whether exposure to asbestos was enough to cause a particular medical condition like mesothelioma, lung cancer, or other types of scarring in the respiratory tract and lungs (e.g. the pleural plaques). Other experts like industrial hygienists may be required to assist in establishing the existence of asbestos-related exposure levels. They can utilize advanced sampling and analytical techniques to assess the levels of asbestos in the air in the workplace or at home and compare these to legal exposure standards. These types of experts are also useful in defending companies that produced or distributed asbestos-related goods as they are often capable of proving that the levels of exposure of plaintiffs were within legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility. Other experts who may be involved in these cases are environmental and occupational specialists. They can provide information into the safety procedures which are in place at a particular work site or company, and how they connect to the liability of asbestos manufacturers. They can be able to, for instance, prove that renovation materials disturbed in the course of a remodel could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos fibers to escape.