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Asbestos Litigation Defense In order to defend businesses against asbestos-related lawsuits in the future, it is essential to review the plaintiff's medical records, work history, and testimony. We typically use a bare metal defense that focuses on arguing your company didn't manufacture or sell asbestos-containing products at issue in the claimant's lawsuit. Asbestos cases are distinct and require an aggressive approach to achieve successful results. We serve as local counsel, regional and national. Statute of limitations The majority of lawsuits must be filed within a certain time period, known as the statute of limitations. In asbestos cases, this means the legal deadline for filing is between one and six years after a person becomes diagnosed with an asbestos-related disease. It is essential for the defense to prove that the injury was sustained within the timeframe. This usually requires a thorough review and analysis of the plaintiff's work history, including interviews of former coworkers, as well as a careful review of Social Security and union records, as well as tax, tax, and other records. In defending an asbestos-related case, there are many complicated issues. For instance, asbestos victims are more likely to suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness such as mesothelioma. In these cases, a lawyer for defense will argue that the limitation period should begin when the victim knew or reasonably ought to have realized that their exposure to asbestos triggered the disease. These cases are made more complex because the statute of limitations could vary from state to state. In these cases, an experienced mesothelioma lawyer will attempt to bring the case in the state where most of the alleged exposure occurred. This is a difficult task, as asbestos victims frequently travel across the country to find jobs, and the alleged exposure could have occurred in several states. In addition, the process of discovery is challenging in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are usually dozens of parties involved. It can be difficult to obtain meaningful information when there are multiple defendants and the plaintiff's theory extends over a long period of time. The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to develop strategies for litigation, manage local counsel, and produce consistent and cost-effective results that align with the client's goals. We regularly appear before coordination and trial judges, as well as special masters of litigation, across the country. Bare Metal Defense Historically, manufacturers of boilers, turbines and pump equipment have defended themselves in asbestos litigation by claiming an argument referred to as the “bare metal” or the component part doctrine. This defense asserts that a manufacturer is not liable for asbestos-related injury caused by replacement parts that they did not design or manufacture. In the case of Devries, an employee at an Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps, and gaskets from equipment like valves, pumps and steam traps. He claimed that he was exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years later. The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation and could affect the way that the courts in other jurisdictions deal with the issue of third-party components manufacturers incorporate into their equipment. 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 doctrine to non-maritime cases also. This was the first time a federal appellate court ruled on the”bare-metal” defense in a case involving asbestos, and it is a significant departure for traditional law regarding product liability. The majority of courts have interpreted the “bare metal” defense as rejecting the obligation of a company to warn of the dangers caused by replacement parts that it did not 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. Abilene asbestos lawyer assist our clients in developing strategies for litigation, manage local and regional counsel, and achieve an efficient, cost-effective defense in line with their goals. Our attorneys also speak at conferences for industry professionals on the key issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating closely with coordinating judges, trial courts and litigation special masters. Our unique strategy 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 provide impartial assistance to a judge by offering an impartial opinion on issues within their expertise. He must clearly state his opinions and the facts or assumptions he's basing it on. He should not overlook any aspects that might affect his conclusions. In cases where asbestos exposure is suspected medical experts could be required to evaluate the claimant's condition and to determine any causal links between the condition and the alleged source of exposure. A lot of the diseases caused by asbestos are extremely complex, requiring the expertise of experts in the field. This can include nurses and doctors pharmacists, toxicologists, pharmacists, occupational health specialists, epidemiologists and pharmacists. Experts are available to provide an impartial technical support, whether they represent the prosecution or the defense. He should not serve as an advocate or attempt to influence the jury to favor his client. The duty to the court supersedes his obligations to his client, and he should not attempt to support a particular argument or find evidence to back it. The expert should co-operate with other experts in attempting to resolve any technical issues at an early stage and eliminate any peripheral issues. The expert should also collaborate with the people who instruct him to determine areas of agreement and disagreement for the joint declaration of the expert as ordered by the court. After completing his examination in chief the expert must be able to explain his findings and the reasoning behind them in a clear and comprehensible manner. He should be prepared to answer questions posed by the judge or the prosecution, and be able to answer all questions that are raised during cross-examination. Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to assist and manage regional and national defense counsel as well as regional and local experts as well as witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country, as well as trial judges and special Masters. Medical Experts Expert witnesses are crucial in cases which involve asbestos-related injuries due the time lag between exposure to asbestos and initial symptoms. Asbestos cases usually involve complicated theories of injuries that stretch for decades and involve dozens or hundreds of defendants. Because of this, it is almost impossible for a plaintiff to establish their case without the help of experts. Medical and other experts in the field are essential to determine the extent of an individual's exposure, assess their medical conditions and provide information about the possibility of future health issues. These experts are vital 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. In many asbestos cases, a medical expert or scientist is required to examine the claimant's records and perform a physical exam. These experts can testify as to whether the claimant's exposure asbestos was enough to cause a specific medical condition such as mesothelioma, lung cancer, or any other form of scarring in the lungs and respiratory tract (e.g. the pleural plaques). It is possible to consult with other experts, such as industrial hygienists to determine if there is asbestos exposure levels. They can utilize advanced analytical and sampling techniques to evaluate the asbestos concentrations in the air at the workplace or at home to legal exposure standards. These experts can be very useful in defending companies that produce or distribute asbestos-related goods. They often are capable of proving that plaintiffs' exposure levels were below the legal limits, and that there was no evidence of employer negligence or the responsibility of the manufacturer of the product. Other experts who may be involved in these cases are occupational and environmental specialists. They can provide information into the safety procedures that are in place at a specific work site or company, and how they relate to the liability of asbestos producers. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos or that shaking out contaminated clothing can cause asbestos fibers to release and become inhaled.