What s The Job Market For Asbestos Litigation Defense Professionals

Asbestos Litigation Defense

The defense of companies against asbestos litigation requires a thorough examination of a plaintiff's work history and medical records, as well as testimony. We often use the bare metal defense, which focuses on arguing that your company was not able to manufacture, sell or distribute the asbestos-containing products that are at issue in a claimant's case.

Asbestos cases require a unique approach and a tenacious approach to get results. We are regional, local and national counsel.

Statute of limitations

The majority of lawsuits have to be filed within a certain time period, known as the statute of limitations. In asbestos cases the deadline for filing an action is between one and 6 years after the victim is diagnosed with an asbestos-related disease. In order to defend the case it is crucial to prove that the alleged injury or death did not occur within this deadline. In most cases, this involves an exhaustive review of the plaintiff's past work history, including interviews with former coworkers and the careful examination of Social Security, union, tax and other records.

Defending asbestos attorney cases involves a variety of complex issues. Asbestos victims may suffer from a less severe illness, such as asbestosis, before being diagnosed with a fatal condition like mesothelioma. In these cases an attorney for defense will argue that the statute of limitations should start when the victim knew or reasonably ought to have realized that their asbestos exposure caused the disease.

These cases are complicated by the fact the statute of limitations can differ from state to state. In these cases a mesothelioma lawyer who is experienced will try to bring the case in the state where the majority of the alleged exposure occurred. This is a difficult job, since asbestos victims frequently travel across the country to find jobs, and the alleged exposure could have occurred in several states.

The process of discovery can be difficult in asbestos litigation. Unlike other personal injury cases, which typically contain only a few defendants, asbestos-related litigation usually involves a number of defendants. As a result, it is often difficult to get relevant evidence in these cases, particularly when the plaintiff's argument for injuries spans decades and involves several different defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with local and regional counsel to develop litigation strategies, manage local counsel, and produce efficient and consistent results that align with client goals. We frequently appear before coordinating and trial judge, as well as litigation masters, across the country.

Bare Metal Defense

In the past, manufacturers of turbines, boilers, valves and pumps have protected themselves against asbestos lawsuits using what is known as "bare metal" doctrine or the component part doctrine. This defense argues that a manufacturer can't be held responsible for asbestos-related injuries resulting from replacement components that the company did not make or install.

In the case of Devries, an employee at an Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps and gaskets from equipment such as pumps, valves and steam traps. He claimed asbestos was ingested when working at the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has altered the landscape of asbestos litigation and may influence the way courts in other jurisdictions tackle the issue of third-party components that manufacturers include in their 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 aren't maritime.

This ruling was the first time that a federal appeals court has applied the bare metal defense in an asbestos lawsuit (by posteezy.com), and represents a significant departure from traditional product liability law. The majority of courts have interpreted "bare metal" as a denial of the obligation of a maker to warn about the potential harms caused by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We help our client develop strategies for litigation, manage regional and local counsel, and ensure an effective, cost-effective and consistent defense in coordination with their objectives. Our lawyers also speak at conferences for industry professionals on the major issues shaping asbestos attorney litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique strategy has proven to be effective in reducing legal spend for our clients.

Expert Witnesses

A person with specialized expertise, skills or experience is an expert witness. They provide impartial assistance to a judge by providing an objective opinion on matters within their field of expertise. He must be able to clearly articulate the facts or assumptions upon which his opinion is based and should not omit to look into matters that could detract from his concluded conclusions.

In cases that involve allegations of exposure to asbestos, medical experts are often required to assist in the evaluation of the claimant's condition and the identification of any connection between their condition and an identified source of exposure. A lot of the diseases caused by asbestos are extremely complex, and require the expertise of specialists in the field. This could include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals.

Experts are there to offer an impartial technical support, whether they are representing the prosecution or the defence. He should not act as an advocate or attempt to influence the jury in favor of his client. The duty to the court is greater than the obligations he has to his client. He should not attempt to promote an argument or seek evidence to justify it.

The expert should co-operate with the other experts when trying to reduce any technical issues at a very early stage and eliminate any peripheral issues. The expert should also work with those who are instructing him to identify areas of agreement and disagreement for the joint statement of the expert commissioned by the court.

At the conclusion of his chief examination the expert should be able to explain his conclusions and the reasoning behind them in a clear and comprehensible way. He is expected to be able to respond questions from the prosecution or the judge and should be prepared to discuss any issues that are raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation involving multiple parties and jurisdictions. Our attorneys are able to assist and manage regional and national defense counsel, as well as regional and local experts as well as witnesses. Our team appears regularly before the asbestos litigation judges who coordinate across the country as well as trial judges and special Masters.

Medical Experts

Expert witnesses are vital in cases which involve asbestos-related injuries due the time lag between exposure to asbestos and the initial symptoms. Asbestos cases typically involve complicated theories of injuries that can span decades and connect hundreds or dozens of defendants. This is why it's nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other scientific experts are necessary to assess the extent of a person's exposure, assess their medical conditions and offer insight into possible health issues that could arise in the future. These experts are crucial to any case and must be thoroughly vetted and knowledgeable about the relevant field. The more experience an expert in medical or scientific fields has, the more persuasive they'll be.

In many asbestos cases a medical expert or scientist is required to examine the records of the claimant as well as perform a physical exam. These experts can testify as to whether the claimant's exposure to asbestos was enough to trigger a specific medical condition like mesothelioma or lung cancer, or other types of scarring that affects the respiratory tract and lungs (e.g., pleural plaques).

Other experts such as industrial hygienists may also be needed to assist in determining the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to assess the levels of asbestos in the air in a home or workplace and compare these to legal exposure standards.

Experts of this kind can be extremely useful when defending companies who manufactured or distributed asbestos-related products as they often have the capability of proving that the levels of exposure of plaintiffs were lower than legal limits and that there was no evidence of negligence on the part of the employer or manufacturer liability.

Other experts in these instances include environmental and occupational experts who can provide insights into the quality of safety protocols at a specific work site or company and how these protocols are related to asbestos manufacturers' liability. For instance, these experts can establish that renovation materials damaged during a remodel are more likely to contain asbestos or that shaking out contaminated clothing can cause asbestos attorneys fibers to release and become inhaled.