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Asbestos Litigation Defense Defending companies from asbestos litigation requires a thorough review of a plaintiff's work history as well as medical records and evidence. We typically use the bare metal defense, which focuses on arguing that your company did not make, sell or distribute the asbestos-containing products that are at issue in the claimant's case. Asbestos cases require an exclusive method and a persistent approach to get results. We act as local, regional and national counsel. Statute of limitations Most lawsuits must be filed within a specific time period, known as the statute of limitations. In asbestos cases, the deadline for filing an action is between one and 6 years after a person is diagnosed with an asbestos-related condition. It is crucial for the defense to prove that the alleged injury occurred after the deadline. This typically requires a thorough study and analysis of the plaintiff's employment background, including interviews with former coworkers, and a thorough examination of Social Security and union records as well as tax and tax records. The process of defending asbestos cases involves a variety of complex issues. For example, asbestos victims are more likely to suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these cases, the defense attorney will argue the statute of limitation should begin when the victim realized or should have reasonably believed that asbestos exposure caused their disease. These cases are complicated by the fact the statute of limitations could vary from state to state. In these instances, an experienced lawyer for mesothelioma will try to present the case in the state where the bulk of the exposure is believed to have taken place. This is a difficult task, as asbestos victims typically travel around the country looking for jobs, and the alleged exposure could have occurred in several states. The process of establishing the facts isn't always easy in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants as in most cases, there are typically several parties involved. It is often difficult to obtain relevant information when there are multiple defendants, and the plaintiff's case stretches over decades. 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 regional and local counsel to develop strategies for litigation, manage local counsel, and achieve consistently cost-effective results in coordination with the client's goals. We regularly appear before coordinating and trial judges and special masters of litigation in jurisdictions across the country. Bare Metal Defense Historically, manufacturers of turbine, boiler and pump equipment have successfully defended themselves against asbestos litigation by asserting the defense referred to as the “bare metal” or component part doctrine. This defense argues that a manufacturer cannot be held liable for asbestos-related injuries caused by replacement components that the company did not design or install. In Mission asbestos lawyer of Devries, an employee at a Tennessee Eastman chemical plant sued several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment like valves, pumps and steam traps. He claimed that asbestos exposure occurred during his time at the plant, and was diagnosed with mesothelioma several years later. The Supreme Court's decision in Devries has changed the course of asbestos litigation and may impact how courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court said that the application of the bare metal defense in this context is “cabined” to maritime law, but left open the possibility that other federal circuits will apply this doctrine to non-maritime cases as well. This decision was the first time a federal appeals court applied the bare metal defense in a asbestos lawsuit and represents quite a departure from the norms of product liability law. Most courts have interpreted “bare metal” as a rejection of the obligation of a manufacturer to warn about the potential harms caused by replacement parts it did not manufacture or sell. The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We help our clients develop litigation strategies, manage regional and local counsel, and ensure a consistent, cost-effective defense that is in line with their goals. Our lawyers participate in industry conferences on important issues that affect asbestos litigation. Our firm's experience includes representing clients in every state and collaborating closely with the coordinating judges, trial courts and litigation special masters. Our unique method has proven to be successful in reducing exposure and legal costs for our clients. Expert Witnesses An expert witness is a person who is specialized in his skills, experience or knowledge and offers independent assistance to the court in the form of an impartial opinion on issues that fall within his area of expertise. He should clearly state his opinions and the evidence or assumptions he's basing it on. He should also not overlook any aspects that might affect his conclusions. In cases where asbestos exposure is suspected medical experts may be required to evaluate the claimant's condition and identify any causal link between the condition and the source of exposure. Many of the diseases that are caused by asbestos are complicated and require the expertise of specialists. This can include pharmacists, doctors, nurses, toxicologists, epidemiologists and occupational health specialists. Experts are available to provide unbiased technical assistance, regardless of whether they represent the defense or the prosecution. He should not assume the position as an advocate or seek to influence or persuade the jury in favour of his client. The duty to the court is greater than the obligations he has to his client and he should not attempt to support a particular argument or find evidence to support it. The expert should collaborate with the other experts to resolve any peripheral issues and identify any technical issues. The expert should also work with the people who instruct him to pinpoint areas of agreement and discord for the joint declaration of the expert commissioned by the court. After completing his chief examination the expert must be able to explain his findings and the reasons behind them in a clear and comprehensible way. He should be able to answer questions posed by the judge or the prosecution, and be prepared to answer all questions raised during cross-examination. Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to handle and advise national and regional defense counsel, as along with local, regional and expert witnesses and experts. Our team regularly appears before coordinating judges, trial judges and special masters in asbestos litigation throughout the country. Medical Experts Expert witnesses are crucial in cases which involve asbestos-related injuries due the delay between exposure to asbestos and onset symptoms. Asbestos cases often involve complex theories of injury that stretch for decades and involve hundreds or even dozens of defendants. It is nearly impossible for a claimant to prove their case without the help of experts. Experts in the fields of medicine and other sciences are needed to evaluate the extent of an individual's exposure and medical condition, as well as provide insight into future health concerns. These experts are crucial to any case and should be well-vetted and familiar with the field of study. The more experience an expert in medicine or science has the more persuasive they will be. Asbestos cases often require an expert in science or medicine to examine the claimant's medical records and conduct a physical examination. Experts can testify as to whether the claimant's exposure to asbestos was sufficient to cause an illness that is specific to him, like mesothelioma, lung cancer, or other types of scarring that affects the respiratory tract and lungs (e.g. the pleural plaques). Other experts, such as industrial hygienists may be required to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling and analytical methods to evaluate airborne asbestos levels in the workplace or at home and compare these levels to legal exposure standards. They can be valuable in defending companies who produce or distribute asbestos-related goods. They often are capable of proving that the levels of exposure for plaintiffs 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 that could be involved in these cases are occupational and environmental experts. They can provide information into the safety guidelines that exist at a particular work site or company, and how they are related to the liability of asbestos producers. They can, for example, establish that the materials used in the course of remodeling could contain asbestos or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to release.