Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough examination of a plaintiff’s work history, medical records and testimony. We often employ the bare metal defense which is based on the argument that your company was not able to manufacture or sell the asbestos-containing products in question in the claimant’s case.
asbestos litigation meaning cases are special and require a determined approach to achieve successful results. We act as local counsel, regional and national.
Statute of Limitations
The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases, the deadline for filing a lawsuit is between one and 6 years after a person is diagnosed with an asbestos defense litigation-related illness. In order to defend the case, it what is asbestos litigation important to prove that the alleged injury or death did occur prior to the deadline. This often requires a thorough examination and examination of the plaintiff’s employment history, which includes interviews with former coworkers and a thorough study of Social Security and union records, as well as tax, tax, and Asbestos Litigation Wiki other records.
The process of defending an asbestos case involves many complicated issues. Asbestos-related victims can develop a less severe illness, such asbestosis, prior to being diagnosed with a fatal disease such as mesothelioma. In these cases, a lawyer for defense will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably ought to have known that their asbestos exposure caused the disease.
The complex nature of these cases is also exacerbated by the fact that the statute of limitations may vary between states. In these instances, a seasoned mesothelioma lawyer will attempt to file the case in the state in which the majority of the exposure is believed to have taken place. This can be a challenging job, since asbestos victims often move around the country in search of jobs, and the alleged exposure could have occurred in several states.
The process of discovery isn’t always easy in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Rather than a few defendants in the majority of cases, there are typically many people involved. This means it can be hard to find a meaningful discovery in these cases, especially when the plaintiff’s claim of injuries spans decades and binds multiple defendants.
The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos Litigation Wiki litigation. We collaborate closely with regional and local counsel to develop litigation strategy and manage local counsel to get consistent, cost-effective results, in coordination with client objectives. We regularly appear before the trial judge and the coordinating judge as also litigation masters across the country.
Bare Metal Defense
The past has seen manufacturers of boiler, turbine and pump and valve equipment have sought to defend themselves in asbestos litigation by claiming the defense referred to as the “bare metal” 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 manufacture or install.
In the case of Devries v. Devries, the Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff’s job included the removal and replacement insulation, steam traps, and gaskets from equipment such as pumps, valves, and steam traps. He claimed that he was exposed to asbestos while working in the plant and was diagnosed with Mesothelioma several years later.
The Supreme Court’s decision in Devries has changed the course of asbestos litigation. It could affect how courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court declared that the use of the bare metal defense in this context is “cabined” to maritime law however, it left open the possibility that other federal circuits will apply this doctrine to cases that are not maritime also.
This was the first time a federal appellate court ruled on the bare-metal defense in a case involving asbestos, and it’s a major departure for traditional product liability laws. The majority of courts have interpreted the “bare metal” defense as a rejection of the obligation of a company to warn consumers about the harm caused by replacement parts that it did not manufacture 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, asbestos litigation wiki and achieve an efficient, cost-effective defense that is in line with their goals. Our lawyers present at industry conferences on important issues affecting asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique method has proven effective in cutting down on our clients’ exposure and legal costs.
A person who has specialized expertise, experience or knowledge is an expert witness. They provide impartial assistance to courts by offering an impartial opinion on matters that are within their area of expertise. He should clearly state the facts or assumptions on which his opinion is based and must not fail to consider matters which might affect his opinions.
In cases involving 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. Many of the ailments that are caused by asbestos are complicated and require the expertise of experts. This could include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists and pharmacists.
If it’s the prosecution or defence, an expert’s role is to provide objective technical assistance. He should not assume the role of an advocate, nor should he seek to influence or convince a jury in favour of his client. The duty to the court supersedes the obligations he has to his client and he should not attempt to promote a particular argument or find evidence to justify it.
The expert should collaborate with the other experts to address any issues that are peripheral and narrow down any technical issues. The expert should also work with the experts who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint declaration of experts ordered by the court.
The expert should finish his examination chief, discuss his conclusions and the reasons for them in a manner that is clear and easy to comprehend. He should be prepared to answer any questions from the judge or prosecution and be willing to address all points that are raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can counsel and manage regional and national defense counsel as well as local and regional experts and witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the nation and also before trial judges and special Masters.
Expert witnesses are extremely important in cases involving asbestos-related injuries due to the latency between exposure to asbestos and onset symptoms. Asbestos cases typically involve complicated theories of injury that stretch for decades and connect hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the help of experts.
Medical and other scientists are essential to determine the extent of a person’s exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. Experts like these are essential to any case, and should be thoroughly vetted and educated in the field they are working in. The more experience an expert in medical or scientific fields has the more convincing they will be.
Asbestos cases often require an expert in science or medicine to review the medical records of the plaintiff and conduct a physical examination. Experts can determine if asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.
It could be necessary to consult with other experts, such as industrial hygienists, in order to determine if there is asbestos exposure levels. They can utilize sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air in a home or workplace with the standards for exposure that are legally required.
These experts can be valuable in defending companies who manufacture or distribute asbestos-related products. They often are capable of proving that plaintiffs’ exposure levels were lower than the limits set by law, and that there was not evidence of negligence by the employer or product manufacturer responsibility.
Other experts who could be involved in these cases include occupational and environmental specialists. They can provide insights into the safety protocols which are in place at a particular workplace or company, and how they connect to the liability of asbestos producers. These experts can be able to, for instance, prove that the materials used in the course of a remodel could contain asbestos or shaking clothing contaminated with asbestos could cause asbestos dust and asbestos litigation online fibers to be released.