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Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough review of a plaintiff's work history as well as medical records and evidence. We typically use a bare metal defense that focuses on the fact that your company didn't make, sell, or distribute asbestos-containing products that are the subject of the claimant's lawsuit.
Asbestos cases are distinct and require an aggressive approach to achieve successful results. We are regional, local and national counsel.
Statute of Limitations
The majority of lawsuits must be filed within a certain time frame, also known as the statute of limitations. For asbestos-related cases, this means the legal deadline for filing is between one and six years after a person is diagnosed with an asbestos-related illness. In order to defend the case it is essential to prove that the claimed injury or death did occur within this timeframe. Often, this requires an exhaustive review of the plaintiff's employment history, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.
Defending an asbestos attorneys case involves many complicated issues. Asbestos-related victims can develop a less severe illness, such asbestosis, prior to being diagnosed with a fatal illness like mesothelioma. In these instances the attorney representing the defense will argue that the time limit should be set when the victim was aware or ought to have known that asbestos exposure caused the disease.
These cases are complicated by the fact the statute of limitations may vary from state to state. In these instances a mesothelioma lawyer who is experienced will try to file the case in the state where the majority of the alleged exposure occurred. This can be a daunting task, as asbestos victims frequently travel across the country looking for work and the alleged exposure could have occurred in multiple states.
The discovery process can be a challenge in asbestos litigation. Contrary to other personal injury cases, which usually contain only a few defendants, asbestos-related litigation usually involves dozens or more parties. It can be difficult to obtain relevant evidence in these cases, particularly when the plaintiff's argument for injuries spans decades and involves many defendants.
The McGivney, Kluger, Clark & Intoccia team has extensive experience in 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 as well as manage local counsel and achieve consistent, cost-effective results in accordance with the goals of the client. We regularly appear in front of the trial judge and the coordinating judge as and litigation masters across the country.
Bare Metal Defense
In the past, makers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or component part doctrine. This defense holds that a manufacturer can't be held accountable for asbestos-related harms caused by replacement components that the company didn't design or install.
In the case of Devries, 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 pumps, valves and steam traps (Equipment defendants). He claimed asbestos was ingested when working at the plant, and was diagnosed with mesothelioma a few years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation, and could impact the way courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this case is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this principle to non-maritime cases also.
This was the first time that a federal appeals court has applied the bare metal defense in a lawsuit involving asbestos, and is an important departure from the traditional product liability law. The majority of courts have understood "bare metal" as a rejection of the obligation of a manufacturer to warn about the dangers posed by replacement parts it did not make or sale.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, oversee regional and local counsel, and achieve an efficient, cost-effective defense in accordance with their goals. Our attorneys also present at conferences for industry professionals on the major issues shaping asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique strategy has proven to be effective in reducing exposure and legal spend for our clients.
Expert Witnesses
An expert witness is one who has specialized skills, experience or knowledge and can provide independent advice to the court with the aid of an objective opinion regarding matters of his field of expertise. He should clearly state his opinions and the facts or assumptions he is basing it on. He should also not overlook any aspect that could influence his conclusions.
In cases involving allegations of exposure to asbestos, medical experts are often asked to assist in the assessment of the claimant's illness and the identification of any causal link between their condition and the identified source of exposure. Many of the illnesses caused by asbestos are extremely complex, and require the expertise of experts in the field. This can include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists and pharmacists.
In the event of a defense or prosecution, an expert's role is to provide objective technical assistance. He should not assume the role as an advocate and should not try to influence or convince a jury to favor his client. He should not try to convince jurors or make an argument.
The expert should work with the other experts in attempting to resolve any technical issues at a very early stage and eliminate any peripheral issues. The expert should also co-operate with the experts 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 his examination in chief the expert must explain his conclusions and the reasons for them in a clear and understandable manner. He must be able to answer questions from the prosecution or judge and should be willing to address any points which are raised on cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to counsel and manage national and regional defense counsel and regional and local experts and witnesses. Our team regularly appears before coordinating judges in asbestos litigation across the nation, as well as trial judges and special Masters.
Medical Experts
Expert witnesses are crucial in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and beginning symptoms. Asbestos cases often involve complex theories of injury that span decades and link hundreds or even dozens of defendants. Due to this, it is nearly impossible for a plaintiff to prove their case without the assistance of experts.
Medical and other experts in the field are necessary to assess the extent of an individual's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are vital to any case, and they should be thoroughly vetted and educated in the relevant field. The more experience an scientist or doctor has the more persuasive they is.
Asbestos cases usually require an expert in science or medicine to examine the medical records of the plaintiff and conduct a physical exam. These experts can testify as to whether the claimant's exposure asbestos was enough to cause a specific medical condition like mesothelioma, lung cancer, or any other form of scarring that affects the lungs and respiratory tract (e.g. plaques in the pleural cavity).
Other experts like industrial hygienists might be required to aid in establishing asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
Experts of this kind can also prove valuable in defending companies that produced or distributed asbestos attorney-related products, as they are often capable of proving that the levels of exposure of plaintiffs were lower than the legal limit and that there was no evidence of negligence by the employer or manufacturer responsibility.
Other experts who could be involved in these instances are occupational and environmental specialists. They can provide insights into the safety protocols that exist at a particular work site or company, and how they connect to asbestos manufacturers' liability. For instance, these experts can determine that materials used in renovation disturbed during a remodel project are more likely to contain asbestos or that shaking out contaminated clothing could cause asbestos lawsuit fibers to release and become inhaled.
Protecting companies from asbestos litigation requires a thorough review of a plaintiff's work history as well as medical records and evidence. We typically use a bare metal defense that focuses on the fact that your company didn't make, sell, or distribute asbestos-containing products that are the subject of the claimant's lawsuit.
Asbestos cases are distinct and require an aggressive approach to achieve successful results. We are regional, local and national counsel.
Statute of Limitations
The majority of lawsuits must be filed within a certain time frame, also known as the statute of limitations. For asbestos-related cases, this means the legal deadline for filing is between one and six years after a person is diagnosed with an asbestos-related illness. In order to defend the case it is essential to prove that the claimed injury or death did occur within this timeframe. Often, this requires an exhaustive review of the plaintiff's employment history, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other documents.
Defending an asbestos attorneys case involves many complicated issues. Asbestos-related victims can develop a less severe illness, such asbestosis, prior to being diagnosed with a fatal illness like mesothelioma. In these instances the attorney representing the defense will argue that the time limit should be set when the victim was aware or ought to have known that asbestos exposure caused the disease.
These cases are complicated by the fact the statute of limitations may vary from state to state. In these instances a mesothelioma lawyer who is experienced will try to file the case in the state where the majority of the alleged exposure occurred. This can be a daunting task, as asbestos victims frequently travel across the country looking for work and the alleged exposure could have occurred in multiple states.
The discovery process can be a challenge in asbestos litigation. Contrary to other personal injury cases, which usually contain only a few defendants, asbestos-related litigation usually involves dozens or more parties. It can be difficult to obtain relevant evidence in these cases, particularly when the plaintiff's argument for injuries spans decades and involves many defendants.
The McGivney, Kluger, Clark & Intoccia team has extensive experience in 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 as well as manage local counsel and achieve consistent, cost-effective results in accordance with the goals of the client. We regularly appear in front of the trial judge and the coordinating judge as and litigation masters across the country.
Bare Metal Defense
In the past, makers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or component part doctrine. This defense holds that a manufacturer can't be held accountable for asbestos-related harms caused by replacement components that the company didn't design or install.
In the case of Devries, 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 pumps, valves and steam traps (Equipment defendants). He claimed asbestos was ingested when working at the plant, and was diagnosed with mesothelioma a few years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation, and could impact the way courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this case is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this principle to non-maritime cases also.
This was the first time that a federal appeals court has applied the bare metal defense in a lawsuit involving asbestos, and is an important departure from the traditional product liability law. The majority of courts have understood "bare metal" as a rejection of the obligation of a manufacturer to warn about the dangers posed by replacement parts it did not make or sale.
The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, oversee regional and local counsel, and achieve an efficient, cost-effective defense in accordance with their goals. Our attorneys also present at conferences for industry professionals on the major issues shaping asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique strategy has proven to be effective in reducing exposure and legal spend for our clients.
Expert Witnesses
An expert witness is one who has specialized skills, experience or knowledge and can provide independent advice to the court with the aid of an objective opinion regarding matters of his field of expertise. He should clearly state his opinions and the facts or assumptions he is basing it on. He should also not overlook any aspect that could influence his conclusions.
In cases involving allegations of exposure to asbestos, medical experts are often asked to assist in the assessment of the claimant's illness and the identification of any causal link between their condition and the identified source of exposure. Many of the illnesses caused by asbestos are extremely complex, and require the expertise of experts in the field. This can include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists and pharmacists.
In the event of a defense or prosecution, an expert's role is to provide objective technical assistance. He should not assume the role as an advocate and should not try to influence or convince a jury to favor his client. He should not try to convince jurors or make an argument.
The expert should work with the other experts in attempting to resolve any technical issues at a very early stage and eliminate any peripheral issues. The expert should also co-operate with the experts 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 his examination in chief the expert must explain his conclusions and the reasons for them in a clear and understandable manner. He must be able to answer questions from the prosecution or judge and should be willing to address any points which are raised on cross-examination.
Cetrulo LLP is well versed in protecting clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to counsel and manage national and regional defense counsel and regional and local experts and witnesses. Our team regularly appears before coordinating judges in asbestos litigation across the nation, as well as trial judges and special Masters.
Medical Experts
Expert witnesses are crucial in cases that involve asbestos-related injuries because of the delay between exposure to asbestos and beginning symptoms. Asbestos cases often involve complex theories of injury that span decades and link hundreds or even dozens of defendants. Due to this, it is nearly impossible for a plaintiff to prove their case without the assistance of experts.
Medical and other experts in the field are necessary to assess the extent of an individual's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are vital to any case, and they should be thoroughly vetted and educated in the relevant field. The more experience an scientist or doctor has the more persuasive they is.
Asbestos cases usually require an expert in science or medicine to examine the medical records of the plaintiff and conduct a physical exam. These experts can testify as to whether the claimant's exposure asbestos was enough to cause a specific medical condition like mesothelioma, lung cancer, or any other form of scarring that affects the lungs and respiratory tract (e.g. plaques in the pleural cavity).
Other experts like industrial hygienists might be required to aid in establishing asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
Experts of this kind can also prove valuable in defending companies that produced or distributed asbestos attorney-related products, as they are often capable of proving that the levels of exposure of plaintiffs were lower than the legal limit and that there was no evidence of negligence by the employer or manufacturer responsibility.
Other experts who could be involved in these instances are occupational and environmental specialists. They can provide insights into the safety protocols that exist at a particular work site or company, and how they connect to asbestos manufacturers' liability. For instance, these experts can determine that materials used in renovation disturbed during a remodel project are more likely to contain asbestos or that shaking out contaminated clothing could cause asbestos lawsuit fibers to release and become inhaled.
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