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Asbestos Litigation Defense To defend companies against asbestos litigation and claims, it is essential to look into the medical records of the plaintiff, work history, and testimony. We often use a bare metal defense, which focuses on proving that your company didn't manufacture, sell, or distribute asbestos-containing products that are that are the subject of the claimant's lawsuit. Asbestos cases require an exclusive approach and a tenacious approach to get results. We are local, regional 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, the deadline for filing a lawsuit is anywhere between one and six years after the victim is diagnosed with an asbestos-related condition. It is essential for the defense to prove that the injury was sustained after the deadline. In most cases, this involves conducting a thorough review of the plaintiff's past work background, including interviews with former coworkers and the careful examination of Social Security, union, tax and other records. Defending asbestos cases involves various complex issues. For instance, asbestos victims often develop a less serious illness such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these cases, the defense attorney will argue the statute of limitation should begin when the victim was aware or should have reasonably believed that asbestos exposure caused the disease. The difficulty of these cases is complicated by the fact that the time limit for filing a lawsuit may differ between states. In these cases a mesothelioma lawyer who is experienced will try to start the case in the state where the bulk of the exposure alleged occurred. This can be a daunting job, since asbestos victims often move around the country to find work, and the exposure could have occurred in multiple states. The discovery process is a challenge in asbestos litigation. Unlike other types of personal injury cases, which usually contain only a few defendants, asbestos-related litigation typically includes dozens or more defendants. It can be difficult to get significant discovery when there are many defendants and the plaintiff's claim 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 regional and local counsel to develop litigation strategies and manage local counsel and ensure consistently cost-effective results that align with the client's goals. We regularly appear before coordinating and trial judges, as well as litigation special masters, across the nation. Bare Metal Defense In the past, makers of turbines, boilers, pumps and valves have defended themselves against asbestos lawsuits by asserting what is known as “bare metal” doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injury caused by replacement parts that they did not install or manufacture. In West Jordan asbestos attorney . Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets on equipment such as valves, pumps and steam traps (Equipment defendants). He claimed that he was exposed to asbestos while working at the plant and was diagnosed with mesothelioma years later. The Supreme Court's Devries decision has changed the nature of asbestos litigation and could affect how courts in other jurisdictions approach the issue of third-party components manufacturers add to equipment. The Court said that this use of the bare metal defense is “cabined” in maritime law, but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime. This decision was the first time that a federal appeals court has used the defense of bare metal in a lawsuit involving asbestos, and is a significant departure from traditional product liability law. Most courts have interpreted the “bare metal” defense as rejecting the obligation of a manufacturer to warn about harm caused by replacement parts they did not make 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 assist our clients to develop strategies for litigation, manage local and regional counsel, and provide an effective, cost-effective and consistent defense in coordination with their objectives. Our lawyers are invited to present at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm's experience includes defending clients across the nation and working closely with the coordinating judges, trial courts and litigation special masters. Our unique approach has proven to be successful in reducing exposure and legal expenses for our clients. Expert Witnesses A person with specialized expertise, skills or experience can be an expert witness. They provide independent assistance to a court by providing an unbiased opinion on matters within their field of expertise. He must clearly state his opinion and the evidence or assumptions he's basing it on. He should not ignore any factors that could influence his conclusions. In the event that asbestos exposure is suspected, medical experts may be required to assess the claimant's condition and to determine any causal link between the condition and the alleged source of exposure. Many of the ailments associated with asbestos are very complex, requiring the expertise of experts in the field. This can include doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists and pharmacists. Experts are available to provide an impartial technical support, whether they are representing the defense or the prosecution. He should not act as an advocate or try to influence the jury to favor his client. The duty to the court is greater than the obligations he has to his client and he should not attempt to promote a particular argument or find evidence to back it. The expert should collaborate with other experts to eliminate any peripheral issues and reduce any technical issues. The expert should also work with those who are instructing him to pinpoint areas of agreement and disagreement for the joint declaration of expert ordered by the court. The expert must, at the end of his examination chief, explain his conclusions as well as the reasons for them in a way that is clear and understandable. He should be ready to answer any questions from the judge or prosecution and be willing to discuss all issues raised during cross-examination. Cetrulo LLP is well versed in the defense of clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers are able to assist and advise regional and national defense counsel as well as 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 country. Medical Experts Expert witnesses are crucial in cases which involve asbestos-related injuries due the time lag between exposure to asbestos and onset symptoms. Asbestos cases typically involve complicated theories of injury that span decades and link hundreds or even dozens of defendants. Due to this, it is almost impossible for a plaintiff to establish their case without the help of experts. Experts in the field of medicine and other science are needed to evaluate the extent of a person's exposure and medical condition as well as provide information on future health issues. Experts like these are essential to any case and must be well-vetted and familiar with the relevant field. The more experience an expert in medical or scientific fields has the more convincing they will be. Asbestos cases typically require a medical or scientific expert to examine the medical records of the plaintiff and conduct a physical examination. Experts can determine if asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer. Other experts such as industrial hygienists may be required to assist in determining the existence of asbestos-related exposure levels. They can use advanced sampling and analytical techniques to evaluate airborne asbestos levels in the workplace or at home and compare these levels to legal exposure standards. These experts can be very useful in defending companies that produce or distribute asbestos-related products. They are usually capable of proving that the exposure levels of plaintiffs were below the legal limits, and that there was no evidence of employer negligence or manufacturer liability for the product. Other experts who could be involved in these cases include occupational and environmental experts. They can provide information into the safety procedures which are in place at a particular work site or company and how they relate to the liability of asbestos manufacturers. They can determine, for instance, that the materials used in the course of remodeling could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to be released.