Why You Should Concentrate On Enhancing Asbestos Litigation Defense
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Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough examination of a plaintiff's history of work as well as medical records and evidence. We often use a bare metal defense, which focuses on proving that your company didn't make or sell asbestos lawyer-containing products at issue in the claimant's lawsuit.
Asbestos cases are special and require a tenacious approach to achieving successful results. We act as local counsel, regional and national.
Statute of Limitations
The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases, this means that the statutory deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos attorney-related disease. In order to defend the case, it is important to prove that the alleged accident or death did not occur prior to this timeframe. This usually requires a thorough examination and analysis of the plaintiff's employment background, including interviews with former coworkers, and an in-depth examination of Social Security and union records, as well as tax, tax, and other records.
Defending asbestos cases involves many complicated issues. Asbestos sufferers may develop a mild illness, such as asbestosis, prior to being diagnosed with a fatal illness such as mesothelioma. In these instances the attorney representing the defense will argue the limitation period should start when the victim was aware or should have reasonably believed that exposure to asbestos causes their illness.
These cases are made more complex because the statute of limitations could differ from state to state. In these instances a mesothelioma lawyer who is experienced will attempt to bring the case in the state where the bulk of the exposure alleged occurred. This can be a challenging task since asbestos sufferers frequently moved around the country in search of employment, and the alleged exposure may have taken place in several states.
Finally, the discovery process is challenging in asbestos litigation. Unlike other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically includes dozens or more defendants. As a result, it can be hard to find a meaningful discovery in these cases, especially when the plaintiff's argument for injuries spans decades and involves multiple 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 work closely with local and regional counsel to develop a strategy for litigation as well as manage local counsel and obtain consistent, cost-effective outcomes, in coordination with the client's goals. We regularly appear before the trial judge and the coordinating judge as well as litigation masters, across the country.
Bare Metal Defense
In the past, manufacturers of boilers, turbines, valves and pumps have protected themselves against asbestos lawsuits [Clashofcryptos`s recent blog post] by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer cannot be held accountable for asbestos-related harms caused by replacement components that the company did not design or install.
In the case Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment, such as pumps, valves and steam traps. 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, and could affect how courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this principle to non-maritime cases as well.
This was the first time that a federal appellate court applied the bare-metal defense in a case involving asbestos, and it is a significant departure from the traditional product liability laws. The majority of courts have understood "bare metal" as a denial of the responsibility of a manufacturer to inform about harms caused by replacement parts it did't 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 client develop strategies for litigation, oversee local and regional counsel and ensure a consistent, cost-effective defence in line with their goals. Our attorneys also present at industry conferences on major issues shaping asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven successful in reducing our clients' exposure and legal costs.
Expert Witnesses
A person who has specialized knowledge, skills or experience is an expert witness. They offer independent assistance to a court by providing an unbiased opinion on matters within their expertise. He should be able to clearly express his opinions and the facts or assumptions that he is 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 condition and the identification of any connection between their condition and a known source of exposure. A lot of the diseases associated with asbestos are very complicated, requiring the expertise of experts in the field. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health specialists.
In the event of a defense or prosecution, an expert's role is to provide impartial technical assistance. He should not assume the role of an advocate and should not try to influence or convince the jury to favor his client. He should not try to convince jurors or advocate for an argument.
The expert should collaborate with other experts to eliminate any peripheral issues and identify any technical issues. The expert should also cooperate with those instructing him in identifying areas that are in agreement and areas of disagreement for the reason of the joint statement of experts commissioned by the court.
After completing his main examination the expert should be able to be able to explain his findings and the reasons for them in a clear and easy-to-understand manner. He should be prepared to answer any questions from the judge or the prosecution, and be willing to address all points that were raised during cross-examination.
Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can handle and advise national and regional defense counsel as in addition to local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges, trial judges, and special masters of asbestos litigation across the nation.
Medical Experts
Due to the issues of latency that occur between asbestos exposure and the onset of symptoms, expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that can span decades and involve hundreds or dozens of defendants. It is almost impossible for a claimant to prove their case without the help of experts.
Medical and other scientific experts are required to determine the extent of a claimant's exposure, assess their medical conditions and offer insight into potential future health problems. Experts like these are essential to any case, and should be thoroughly vetted and educated about the subject. The more experience the medical or scientific expert has, the more persuasive they will be.
Asbestos cases usually require a medical or scientific expert to examine the medical records of the claimant and conduct a physical exam. These experts can testify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.
Other experts, such as industrial hygienists might be required to aid in determining the existence of asbestos-related exposure levels. They can use advanced analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home to the legal exposure standards.
They can be useful in defending companies that manufacture or distribute asbestos-related products. They often are able to demonstrate that plaintiffs' exposure levels were not in the range of legal limits, and that there was no evidence of negligence on the part of 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 procedures at a particular workplace or company, and how these protocols relate to the liability of asbestos manufacturers. For instance, they can establish that the materials that are disturbed during a remodel are more likely to contain asbestos lawyer, or shaking out clothing contaminated with asbestos can cause asbestos fibers release and then be inhaled.
Protecting companies from asbestos litigation requires a thorough examination of a plaintiff's history of work as well as medical records and evidence. We often use a bare metal defense, which focuses on proving that your company didn't make or sell asbestos lawyer-containing products at issue in the claimant's lawsuit.
Asbestos cases are special and require a tenacious approach to achieving successful results. We act as local counsel, regional and national.
Statute of Limitations
The statute of limitations is a period within which most lawsuits must be filed. In asbestos cases, this means that the statutory deadline for filing is between one and six years after the victim becomes diagnosed with an asbestos attorney-related disease. In order to defend the case, it is important to prove that the alleged accident or death did not occur prior to this timeframe. This usually requires a thorough examination and analysis of the plaintiff's employment background, including interviews with former coworkers, and an in-depth examination of Social Security and union records, as well as tax, tax, and other records.
Defending asbestos cases involves many complicated issues. Asbestos sufferers may develop a mild illness, such as asbestosis, prior to being diagnosed with a fatal illness such as mesothelioma. In these instances the attorney representing the defense will argue the limitation period should start when the victim was aware or should have reasonably believed that exposure to asbestos causes their illness.
These cases are made more complex because the statute of limitations could differ from state to state. In these instances a mesothelioma lawyer who is experienced will attempt to bring the case in the state where the bulk of the exposure alleged occurred. This can be a challenging task since asbestos sufferers frequently moved around the country in search of employment, and the alleged exposure may have taken place in several states.
Finally, the discovery process is challenging in asbestos litigation. Unlike other types of personal injury cases, which typically have only a handful of defendants, asbestos-related litigation typically includes dozens or more defendants. As a result, it can be hard to find a meaningful discovery in these cases, especially when the plaintiff's argument for injuries spans decades and involves multiple 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 work closely with local and regional counsel to develop a strategy for litigation as well as manage local counsel and obtain consistent, cost-effective outcomes, in coordination with the client's goals. We regularly appear before the trial judge and the coordinating judge as well as litigation masters, across the country.
Bare Metal Defense
In the past, manufacturers of boilers, turbines, valves and pumps have protected themselves against asbestos lawsuits [Clashofcryptos`s recent blog post] by asserting what is referred to as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer cannot be held accountable for asbestos-related harms caused by replacement components that the company did not design or install.
In the case Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment, such as pumps, valves and steam traps. 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, and could affect how courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court declared that the use of the bare-metal defense in this instance is "cabined" to maritime law however, it did not rule out the possibility that other federal circuits will apply this principle to non-maritime cases as well.
This was the first time that a federal appellate court applied the bare-metal defense in a case involving asbestos, and it is a significant departure from the traditional product liability laws. The majority of courts have understood "bare metal" as a denial of the responsibility of a manufacturer to inform about harms caused by replacement parts it did't 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 client develop strategies for litigation, oversee local and regional counsel and ensure a consistent, cost-effective defence in line with their goals. Our attorneys also present at industry conferences on major issues shaping asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven successful in reducing our clients' exposure and legal costs.
Expert Witnesses
A person who has specialized knowledge, skills or experience is an expert witness. They offer independent assistance to a court by providing an unbiased opinion on matters within their expertise. He should be able to clearly express his opinions and the facts or assumptions that he is 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 condition and the identification of any connection between their condition and a known source of exposure. A lot of the diseases associated with asbestos are very complicated, requiring the expertise of experts in the field. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health specialists.
In the event of a defense or prosecution, an expert's role is to provide impartial technical assistance. He should not assume the role of an advocate and should not try to influence or convince the jury to favor his client. He should not try to convince jurors or advocate for an argument.
The expert should collaborate with other experts to eliminate any peripheral issues and identify any technical issues. The expert should also cooperate with those instructing him in identifying areas that are in agreement and areas of disagreement for the reason of the joint statement of experts commissioned by the court.
After completing his main examination the expert should be able to be able to explain his findings and the reasons for them in a clear and easy-to-understand manner. He should be prepared to answer any questions from the judge or the prosecution, and be willing to address all points that were raised during cross-examination.
Cetrulo LLP is well versed in defending clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can handle and advise national and regional defense counsel as in addition to local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges, trial judges, and special masters of asbestos litigation across the nation.
Medical Experts
Due to the issues of latency that occur between asbestos exposure and the onset of symptoms, expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that can span decades and involve hundreds or dozens of defendants. It is almost impossible for a claimant to prove their case without the help of experts.
Medical and other scientific experts are required to determine the extent of a claimant's exposure, assess their medical conditions and offer insight into potential future health problems. Experts like these are essential to any case, and should be thoroughly vetted and educated about the subject. The more experience the medical or scientific expert has, the more persuasive they will be.
Asbestos cases usually require a medical or scientific expert to examine the medical records of the claimant and conduct a physical exam. These experts can testify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.
Other experts, such as industrial hygienists might be required to aid in determining the existence of asbestos-related exposure levels. They can use advanced analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home to the legal exposure standards.
They can be useful in defending companies that manufacture or distribute asbestos-related products. They often are able to demonstrate that plaintiffs' exposure levels were not in the range of legal limits, and that there was no evidence of negligence on the part of 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 procedures at a particular workplace or company, and how these protocols relate to the liability of asbestos manufacturers. For instance, they can establish that the materials that are disturbed during a remodel are more likely to contain asbestos lawyer, or shaking out clothing contaminated with asbestos can cause asbestos fibers release and then be inhaled.
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