Asbestos Litigation Defense
In order to defend businesses against asbestos litigation in the future, it is essential to review the plaintiff's medical records, work history, and testimony. We often employ the bare-metal defense, which focuses on arguing that your company was not able to manufacture or sell the asbestos-containing products in question in the claimant's case.
Asbestos cases require an exclusive approach and a tenacious approach to achieve successful results. We are local, regional and national counsel.
massachusetts asbestos litigation of limitations
The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases the deadline for filing a lawsuit is anywhere between one and six years after the victim is diagnosed with an asbestos-related illness. For the defense it is essential to prove that the alleged accident or death did not occur within this timeframe. Often, this means reviewing the entirety of the plaintiff's employment history, which includes interviews with former colleagues and the careful review of Social Security, union, tax and other records.
The process of defending asbestos cases involves a variety of complex issues. For instance, asbestos-related victims often develop a less serious illness like asbestosis prior to being diagnosed with a fatal disease such as mesothelioma. In these instances the defense attorney will argue that the statute of limitation should begin when the victim knew or should have reasonably believed that asbestos exposure caused the disease.
These cases are complicated because the statute of limitations could vary from state to state. In these instances, an experienced mesothelioma lawyer will attempt to bring the case in the state where the majority of the alleged exposure occurred. This can be a challenging task as asbestos patients frequently moved around the country in search of jobs, and the claimed exposure may have taken place in multiple states.
The discovery process isn't always easy in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are typically dozens of parties involved. It can be difficult to obtain relevant discovery when there are multiple defendants, and the plaintiff's case stretches over decades.
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 regional and local counsel to develop litigation strategy as well as manage local counsel and achieve consistent, cost-effective results, in coordination with the goals of the client. We frequently 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 pumps and valves have defended themselves against asbestos lawsuits using what is known as "bare metal" doctrine or the component part doctrine. This defense states that a manufacturer can't be held liable for asbestos-related injuries resulting from replacement components that the company did not make or install.
In the case of Devries, an employee of the Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets on equipment like pumps, valves and steam traps (Equipment defendants). He claimed that asbestos was ingested while working at the plant, and was diagnosed with mesothelioma a few years later.
The Supreme Court's Devries decision has altered the landscape of asbestos litigation and could affect the way that courts in other jurisdictions approach the issue of third-party components that manufacturers include in their equipment. 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 doctrine to non-maritime cases as well.
This ruling was the first time that a federal appeals court has used the defense of bare metal in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. The majority of courts have interpreted "bare metal" as a rejection of the obligation of a maker to warn about harms caused by replacement parts it did't manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop strategies for litigation, oversee regional and local counsel, and ensure an effective, cost-effective and consistent defense in accordance with their goals. Our lawyers are invited to participate in conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm's experience includes defending clients in every state and collaborating closely with coordinating judges, trial courts and litigation special masters. Our unique approach has proven successful in reducing legal spend for our clients.
Expert Witnesses
An expert witness is a person who is specialized in his expertise, knowledge or experience and offers independent assistance to the court by way of unbiased opinion concerning matters of his area of expertise. He should be able to clearly express his views and the evidence or assumptions that he is basing it on. He should also not overlook any aspects that could affect his conclusions.
In cases involving allegations of exposure to asbestos, medical professionals are often called upon to assist in the assessment of the claimant's illness and the identification of any causal connection between their condition and a known source of exposure. A lot of the diseases caused by asbestos are extremely complex, and require the expertise of experts in the field. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.
Experts are available to provide impartial technical assistance, whether they are representing the prosecution or the defence. He should not assume the position of advocate, nor should he seek to influence or convince a jury to favor his client. The obligation to the court is greater than his obligations to his client and he should not try to push an argument or seek evidence to support it.
The expert should collaborate with the other experts to address any issues that are peripheral and identify any technical issues. The expert should also work with the experts who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint statement of experts commissioned by the court.
The expert must finish his examination chief, explain his conclusions as well as the reasoning behind them in a manner that is clear and understandable. He must be able to answer questions from the prosecution or the judge and be prepared to address any points which are raised on cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our attorneys can handle and advise national and regional defense counsel as along with local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos litigation across the nation as well as trial judges and special Masters.
Medical Experts
Due to the latency issues that arise between asbestos exposure and beginning of symptoms Expert witnesses play a significant role in any case that involves 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 plaintiff to prove their case without the assistance of experts.
Experts in the fields of medicine and other sciences are required to assess the degree of exposure an individual has and medical condition as well as give insight into the future health concerns. These experts are crucial to any case, and must be thoroughly examined and knowledgeable in the relevant field. The more experience the medical or scientific expert has the more persuasive they will be.
In a majority of asbestos cases, a medical expert or scientist is required to examine the claimant's records and perform a physical exam. Experts can testify to whether the claimant's exposure asbestos was enough to trigger a particular medical condition like mesothelioma or lung cancer, or any other form of scarring in the lungs and respiratory tract (e.g., pleural plaques).
Other experts, such as industrial hygienists might also be needed to assist in establishing asbestos-related exposure levels. They can use advanced sampling and analytical techniques to evaluate airborne asbestos levels in a workplace or home and compare them to the legal exposure standards.
These experts can be useful in defending companies that produce or distribute asbestos-related products. They often are in a position to prove that the levels of exposure for plaintiffs were below the legal limits, and that there was not evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product.
Other experts in these instances include occupational and environmental specialists who can offer insights into the adequacy of safety procedures at a particular work site or company and how such protocols relate to the liability of asbestos manufacturers. These experts could be able to, for instance, prove that the materials used in the course of a remodel could contain asbestos or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to be released.