10 Best Mobile Apps For Asbestos Litigation Defense

Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits and claims, it is essential to review the medical records of the plaintiff, work history and testimony. We typically use a bare metal defense, which focuses on proving that your company did not manufacture or sell asbestos-containing products that are that are the subject of the claimant's lawsuit.

Asbestos cases require a unique approach and a tenacious approach to achieve successful results. We are regional, local, and national counsel.

Statute of Limitations

Most lawsuits must be filed within a specified timeframe, referred to as the statute of limitations. In asbestos cases, this means the deadline for filing a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related disease. To defend it is crucial to prove that the claimed injury or death did occur prior to this timeframe. In most cases, this involves reviewing the entirety of the plaintiff's past work background, including interviews with former coworkers and the careful examination of Social Security, union, tax and other records.

In defending an asbestos-related case, there are a number of complex issues. For instance, asbestos victims are more likely to develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease like mesothelioma. In these cases the defense attorney will argue that the time limit should be set when the victim was aware or ought to have known that asbestos exposure caused their illness.

Jacksonville asbestos attorney  are complicated by the fact the statute of limitations may vary from state to state. In these instances an experienced mesothelioma lawyer may try to file the case in a state where the majority of the exposure alleged to have taken place. This is a difficult job, since asbestos victims often move around the country in search of jobs, and the alleged exposure could have occurred in multiple states.

Finally, the discovery process is challenging in asbestos litigation. In contrast to other personal injury cases, which usually involve only a few defendants, asbestos-related litigation typically involves dozens or more parties. It can be difficult to get meaningful information when there are multiple defendants and the plaintiff's theory is spanning 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 local and regional counsel to develop litigation strategy, manage local counsel and get consistent, cost-effective results, in coordination with the goals of the client. We frequently appear before coordinating and trial judge, as also litigation masters across the nation.

Bare Metal Defense

The past has seen manufacturers of boiler, turbine, pump and valve equipment have sought to defend themselves in asbestos litigation by claiming an argument referred to as the "bare metal" or the component part doctrine. This defense states that a company is not responsible for asbestos-related injuries caused by replacement parts they did not manufacture or install.

In the case of Devries, an employee at a Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed asbestos exposure occurred while working at the plant and was diagnosed with mesothelioma years later.

The Supreme Court's Devries decision has changed the landscape of asbestos litigation, and could influence the way that the courts in other jurisdictions deal with the issue of third-party parts that manufacturers add to equipment. The Court stated that the application of the bare-metal defense in this case 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 ruling was the first time a federal appeals court 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 the "bare metal" defense as rejecting the responsibility of a manufacturer to warn of the dangers caused by replacement parts that it did not create or sell.

The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients in developing strategies for litigation, oversee local and regional counsel, and achieve an effective, cost-effective and consistent defense that is in line with their objectives. Our attorneys also present at industry conferences on major issues shaping asbestos litigation. Our firm's experience includes representing clients in every state and collaborating closely with coordinating judges, trial courts and litigation special masters. Our unique method has proven effective in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is one who has specialized skills, experience or knowledge and offers independent assistance to the court by way of an impartial opinion on issues that fall within his area of expertise. He must be able to clearly articulate the facts or assumptions on which his opinions are based and should not omit to consider issues that could detract from his concluded conclusions.

In the event that asbestos exposure is suspected, medical experts may be required to evaluate the claimant's condition and to determine any causal link between the condition and the identified source of exposure. Many of the ailments associated with asbestos are very complex, and require the expertise of specialists in the field. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.

Experts are there to offer impartial technical assistance, whether they represent the defense or the prosecution. He should not serve as an advocate or try to influence the jury in favor of his client. He should not try to convince jurors or promote an argument.

The expert should cooperate with other experts in attempting to resolve any technical issues at a very early stage and eliminate any peripheral matters. The expert should also work with the people who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts ordered by the court.

After completing his chief examination, the expert should be able to explain his findings and the reasons for them in a clear and understandable way. He should be ready to answer questions posed by the judge or prosecution and be prepared to discuss all issues that were raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers can assist and advise national and regional defense counsel, as in addition to local regional, expert witnesses and experts. 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 issues of latency 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 involve dozens or hundreds of defendants. Due to this, it is nearly impossible for a plaintiff to establish their case without the help 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, and also to provide information on future health concerns. Experts like these are essential in any case and should be thoroughly checked and knowledgeable of the relevant field. The more experience a medical or scientific expert has the more persuasive they'll be.

In many asbestos cases, an expert in medicine or a scientist is required to review the records of the claimant as well as perform a physical exam. Experts can verify whether asbestos exposure has caused a particular medical condition, such as mesothelioma or lung cancer.

Other experts, such as industrial hygienists could be required to aid in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling and analytical methods to assess the levels of asbestos in the air in a home or workplace and compare these levels to legal exposure standards.

These experts are also useful when defending companies who manufactured or distributed asbestos-related products, as they often have the capability of proving that the exposure levels of plaintiffs were below the legal limit and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts in these cases include occupational and environmental specialists who can offer insights into the adequacy of safety procedures at a particular work site or company and how these protocols are related to asbestos manufacturers' liability. For example, these experts can establish that the materials that are disturbed during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and then be inhaled.