The 10 Worst Asbestos Litigation Defense Failures Of All Time Could Have Been Prevented

Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough analysis of a plaintiff’s work history, medical records and testimony. We typically employ a naked metal defense, which focuses on proving that your company didn’t manufacture, sell, or distribute asbestos-containing products in the plaintiff’s lawsuit.

Asbestos cases require a distinctive method and a persistent approach to get results. We are local, regional and national counsel.

Statute of limitations

The majority of lawsuits have to be filed within a certain time frame, also known as the statute of limitations. In asbestos cases, the deadline for filing an action is between one and 6 years after a victim is diagnosed with an asbestos litigation online-related disease. To defend it is crucial to prove that the claimed accident or death did not occur within this timeframe. Often, this means reviewing the entirety of the plaintiff’s employment history, including interviews with former coworkers and the careful review of Social Security, union, tax and other records.

Defending asbestos cases involves a variety of complex issues. For instance, asbestos victims typically develop a less serious illness such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these cases the attorney representing the defense will argue the statute of limitation should begin when the victim knew or should have reasonably believed that exposure to asbestos causes their disease.

These cases are made more complex due to the fact that the statute of limitations can differ from state to state. In these instances an experienced mesothelioma lawyer will attempt to bring the case to the state where the bulk of the alleged exposure took place. This can be a challenging task as asbestos law and litigation patients often moved across the country to obtain jobs, and the claimed exposure may have taken place in multiple states.

In addition, the process of discovery is challenging in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants in the majority of cases, there are usually many people involved. It can be difficult to obtain significant information when there are multiple defendants and the plaintiff’s claim stretches over decades.

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 regional and local counsel to develop litigation strategies, manage local counsel, and ensure consistently cost-effective results while coordinating with the goals of our clients. We frequently appear before the trial judge and the coordinating judge as and litigation masters across the country.

Bare Metal Defense

In the past, producers of boilers, turbines valves and pumps have protected themselves against asbestos lawsuits by asserting the “bare metal” doctrine or component part doctrine. This defense argues that a manufacturer cannot be held liable for asbestos-related harms caused by replacement components that the company did not design or install.

In the case of Devries, Asbestos Defense Litigation an employee of an Tennessee Eastman chemical plant sued several equipment manufacturers to treat mesothelioma. Plaintiff’s work included the removal and replacement of insulation, steam traps, and gaskets from equipment like pumps, valves and steam traps. He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma many years later.

The Supreme Court’s decision in Devries has changed the course of asbestos litigation. It may impact how courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court stated that this application of the bare metal defense is “cabined” in maritime law but left open the possibility that 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 applied the bare-metal defense in a lawsuit involving asbestos, and represents an important departure from the traditional product liability law. Most courts have interpreted this “bare metal” defense as a way of avoiding 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 is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing litigation strategies, manage local and regional counsel, and provide consistent, cost-effective defense in coordination with their goals. Our lawyers also speak at industry conferences about important issues that influence asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique approach has been successful in cutting down on our clients’ exposure and legal costs.

Expert Witnesses

A person with specialized expertise, experience or knowledge can be an expert witness. They provide independent assistance to courts by providing an unbiased opinion on issues within their field of expertise. He should clearly state the facts or assumptions on the basis of his opinion and must not fail to consider issues that could affect his conclusions.

In the event that asbestos exposure is claimed medical experts could be required to help evaluate the claimant’s condition and to determine any causal link between the condition and the alleged source of exposure. A lot of the diseases associated with asbestos are very complex, and require the expertise of experts in the field. This includes doctors and nurses, pharmacists, toxicologists or epidemiologists, occupational health specialists, and pharmacists.

Experts are there to provide impartial technical assistance, whether they represent the prosecution or the defense. He should not assume the position of advocate or seek to influence or convince the jury to favor his client. He should not try to convince the jury or make an argument.

The expert should work with other experts to eliminate any issues that are peripheral and identify any technical issues. The expert should also collaborate with the people who instruct him to pinpoint areas of agreement and discord in the joint statement of the expert commissioned by the court.

After completing his main examination the expert must be able to explain his findings and the reasons behind them in a clear and easy-to-understand way. He should be ready to answer questions from either the prosecution or judge, and be prepared to discuss all issues raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to assist and advise national and regional defense counsel, as along with local, regional and expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos litigation across the nation, as well as trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and appearance of symptoms, expert witnesses play a significant role in any case involving an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that stretch for decades and connect hundreds or even dozens of defendants. Due to this, it is almost impossible for a plaintiff to prove their case without the help of experts.

Medical and other scientific experts are required to determine the extent of a person’s exposure, assess their medical conditions and offer insight into potential future health problems. These experts are crucial to any case and must be thoroughly checked and educated in the relevant field. The more experience an scientist or doctor has the more persuasive the expert is.

In a majority of asbestos cases, an expert in medicine or a 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 litigation meaning was sufficient to cause an illness that is specific to him, like mesothelioma or lung cancer, or any other form of scarring in the respiratory tract and lungs (e.g., pleural plaques).

Other experts like industrial hygienists could be required to aid in determining the existence of asbestos exposure litigation-related exposure levels. They can employ advanced analytical and sampling techniques to evaluate the asbestos concentrations in the air at a workplace or home to legal exposure standards.

These experts can be very beneficial in defending companies that produce or distribute asbestos-related goods. They are often able to demonstrate that the exposure levels of plaintiffs were lower than the limits set by law, and that there was no evidence of negligence by the employer or manufacturer liability for the product.

Other experts involved in these cases include environmental and occupational experts who can provide insight into the quality of safety protocols at a given workplace or company, and how they relate to asbestos manufacturers’ liability. These experts can determine, for instance, that renovation materials disturbed in a remodel project may contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos fibers and Asbestos defense litigation (juicebox.co.kr) dust to escape.