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Asbestos Litigation Defense Protecting companies from asbestos litigation requires a thorough review of a plaintiff's history of work 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 case of a claimant. Asbestos cases require a distinctive approach and a tenacious approach to achieve successful results. We serve as local, regional and national counsel. Statute of Limitations The majority of lawsuits must be filed within a specific time period, known as the statute of limitations. In asbestos cases, the deadline for filing a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related illness. For the defense it is crucial to establish that the alleged accident or death did not occur prior to this timeframe. In most cases, this involves reviewing the entirety of the plaintiff's employment background, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other records. Defending an asbestos case involves several complex issues. For example, asbestos victims often suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal illness like mesothelioma. In these situations, a defense attorney will argue that the statute of limitations should start when the victim was aware or reasonably ought to have realized that their exposure to asbestos triggered the disease. These cases are complicated because the statute of limitations may differ from state to state. In these instances an experienced lawyer for mesothelioma will try to file the case in the state in which the majority of the exposure is believed to have taken place. This may be a difficult task since asbestos sufferers often moved across the country to obtain jobs, and the claimed exposure could have occurred in several states. Finally, the discovery process is a challenge in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of a handful of defendants, as is the case in most cases, there are typically many parties involved. As a result, it can be hard to find a meaningful discovery in these cases, particularly when the plaintiff's theory of injuries spans decades and involves many defendants. 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 local and regional counsel to formulate a strategy for litigation and manage local counsel to obtain consistent, cost-effective outcomes, in coordination with the goals of the client. We regularly appear before coordinating and trial judges and special masters of litigation across the country. Bare Metal Defense In the past, producers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits by asserting the “bare metal” doctrine or component part doctrine. This defense asserts that a manufacturer is not liable for asbestos-related injuries resulting from replacement parts that they did not install or manufacture. In the case of Devries, an employee of a Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment, such as pumps, valves and steam traps. He claimed that asbestos exposure occurred while working at the plant, and was diagnosed with mesothelioma a few years later. The Supreme Court's Devries decision has altered the nature of asbestos litigation, and could influence how courts in other jurisdictions approach the issue of third-party components manufacturers add to equipment. The Court stated that this application 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 are not maritime. This was the first time that a federal appeals court used the defense of bare metal in a lawsuit involving asbestos, and represents an important departure from the traditional product liability law. The majority of courts have understood “bare metal” as a denial of the obligation of a manufacturer to warn about the dangers posed by replacement parts it did't manufacture or sell. The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop litigation strategies, manage regional and local counsel and achieve an effective, cost-effective and consistent defense in coordination with their objectives. Our lawyers also speak at conferences for industry professionals on the key issues affecting asbestos litigation. Our firm's experience includes defending clients in every state and collaborating closely with the coordinating judges, trial courts and litigation special masters. Our unique strategy has proven successful in reducing exposure and legal expenses for our clients. Expert Witnesses A person who has specialized knowledge, skills or experience can be an expert witness. They provide impartial assistance to a court by offering an impartial opinion on matters that are within their area of expertise. He must clearly state his views and the facts or assumptions that he is basing it on. He should also not ignore any factors that could affect his conclusions. In cases that involve allegations of exposure to asbestos, medical professionals are often required to assist in the evaluation of the claimant's condition and the identification of any causal link between their condition and an identified source of exposure. A lot of the diseases that are caused by asbestos are complex, and require the expertise of experts in the field. This includes doctors and nurses, pharmacists, toxicologists or epidemiologists, occupational health specialists, and pharmacists. Whether it is the prosecution or defence the expert's job is to provide objective technical assistance. He should not assume the position of advocate, nor should he seek to influence or persuade the jury to support his client. He should not attempt to convince jurors or promote an argument. The expert should work with the other experts when trying to reduce any technical issues at an early stage and eliminate any peripheral issues. The expert should also work with those who are instructing him to determine areas of agreement and discord for the joint declaration of expert ordered by the court. The expert should, at the end of his examination chief, explain his conclusions as well as the reasoning behind them in a manner that is clear and understandable. He should be prepared to answer questions from the prosecution or the judge and should be willing to discuss any issues that are raised during cross-examination. Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party 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 the asbestos litigation judges who coordinate across the country and also before trial judges and special Masters. Medical Experts Expert witnesses are crucial in cases involving asbestos-related injuries due to the latency between exposure to asbestos and the onset symptoms. Asbestos cases usually involve complicated theories of injuries that span decades and involve hundreds or even dozens of defendants. Because of this, it's nearly 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 determine the extent of an individual's exposure and their medical condition, as well as provide information on future health issues. Experts like these are essential in any case and should be well-vetted and familiar with the relevant field. The more experience an expert in science or medicine has, the more persuasive they is. In many asbestos cases, an expert in medicine or a scientist is required to review the claimant's records and perform an examination. Experts can verify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer. Other experts such as industrial hygienists might be required to assist in establishing asbestos-related exposure levels. They can employ advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in a workplace or home and compare these to legal exposure standards. They can be useful in defending companies that manufacture or distribute asbestos-related products. They often are capable of proving that the exposure levels of plaintiffs were not in the range of legal limits and that there was no evidence of negligence on the part of the employer or the responsibility of the manufacturer of the product. Other experts who could be involved in these instances are environmental and occupational specialists. They can provide insights into the safety procedures that exist at a particular workplace or business and how they are related to the liability of asbestos manufacturers. For Montgomery asbestos lawsuit , these experts can establish that renovation materials that are disturbed during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and become inhaled.