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Asbestos Litigation Defense Protecting companies from asbestos litigation requires a thorough analysis of the plaintiff's employment history and medical records, as well as testimony. We typically use a bare metal defense that focuses on arguing your company did not manufacture or sell asbestos-containing products that are that are the subject of the claimant's lawsuit. Asbestos cases require a distinctive approach and a determined approach to get results. We are local, regional and national counsel. Statute of limitations Most lawsuits must be filed within a specified time period, known as the statute of limitations. In asbestos cases, that means the legal deadline for filing is between one and six years after a person becomes diagnosed with an asbestos-related disease. It is crucial for the defense to prove that the injury was sustained after the deadline. In most cases, this involves an exhaustive review of the plaintiff's employment history, including interviews with former coworkers and the careful review of Social Security, union, tax and other documents. In defending asbestos cases, there are many complicated issues. For example, asbestos victims often suffer from a less serious disease such as asbestosis before they are diagnosed with a fatal disease such as mesothelioma. In these cases the defense attorney will argue the limitation period should start when the victim realized or ought to have known that exposure to asbestos caused the disease. The difficulty of these cases is complicated by the fact that the statute of limitations may differ from state to state. In these cases an experienced lawyer for mesothelioma will try to file the case in the state in which the majority of the alleged exposure took place. This can be a challenging task as asbestos sufferers often move around the country to find work, and the exposure could have occurred in a variety of states. The discovery process can be a challenge 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 often several parties involved. As a result, it is often difficult to find a relevant evidence in these cases, especially when the plaintiff's theory of injuries spans decades and involves multiple defendants. The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with regional and local counsel to develop strategies for litigation and manage local counsel and produce efficient and consistent results in coordination with the goals of our clients. We regularly appear before coordinating and trial judges, as well as litigation special masters, across the country. Bare Metal Defense Historically, manufacturers of boilers, turbines and pump equipment have sought to defend themselves in asbestos litigation by claiming an argument referred to as the “bare metal” or component part doctrine. This defense states that a company is not liable for asbestos-related injury caused by replacement parts that they did not install or manufacture. In the case Devries, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for 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 he was exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma several years afterward. The Supreme Court's Devries decision has altered the nature of asbestos litigation and may influence how courts in other jurisdictions tackle the issue of third-party components that manufacturers incorporate into their equipment. The Court stated that this application of the bare-metal defense is “cabined” in maritime law, but left open the possibility for other federal circuits to apply this doctrine to cases that are not maritime. This was the first time an appeals court of the federal level has 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 interpreted “bare metal” as a rejection of the obligation of a manufacturer to warn about harms caused by replacement parts it did not manufacture 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 litigation strategies, manage regional and local counsel and ensure a an effective, cost-effective and consistent defense that aligns with their objectives. Our lawyers also speak at industry conferences on key issues affecting asbestos litigation. Our firm's experience includes defending clients in every state and collaborating with coordinating judges and trial courts, as well as special masters. Our unique method has proven effective in decreasing our clients' risk and legal costs. Expert Witnesses A person with specialized expertise, experience or knowledge can be an expert witness. Tracy asbestos attorney provide independent assistance to a judge by providing an unbiased opinion on issues within their area of expertise. He should clearly state his opinion and the facts or assumptions he's basing it on. He should also not overlook any aspect that could affect his conclusions. In cases where asbestos exposure is claimed, medical experts may be required to help evaluate the claimant's condition and identify any causal links between the condition and the alleged source of exposure. A lot of the diseases that are caused by asbestos are complicated, requiring the expertise of experts in the field. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health professionals. Experts are there to offer an impartial technical support, whether they represent the defense or the prosecution. He should not act as an advocate or attempt to influence the jury in favor of his client. The duty to the court supersedes his duties to his client. He should not attempt to promote an argument or seek evidence to back it. The expert should collaborate with the other experts to address any peripheral issues and identify any technical issues. The expert should also work with those who are instructing him to pinpoint areas of agreement and disagreement in the joint statement of the expert as ordered by the court. At the conclusion of his main examination, the expert should present his conclusions and the reasons for them in a clear and easy-to-understand manner. He is expected to be able to respond questions from the prosecution or judge and should be prepared to address any issues that are raised during cross-examination. Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can handle and advise regional and national defense counsel, as along with local, regional and expert witnesses and experts. Our team regularly appears before coordinating judges, trial judges and special masters in asbestos litigation throughout the country. Medical Experts Expert witnesses are vital in cases involving asbestos-related injuries due to the delay between exposure to asbestos and initial symptoms. Asbestos cases usually involve complicated theories of injuries 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 required to determine the extent of a person's exposure, evaluate their medical conditions and provide information about the possibility of future health issues. These experts are crucial to any case, and they should be thoroughly vetted and knowledgeable about the subject. The more experience the medical or scientific expert has, the more persuasive they will be. Asbestos cases typically require an expert from a medical or scientific field to examine the claimant's medical records and conduct a physical examination. Experts can testify as to whether the claimant's exposure asbestos was enough to cause an illness that is specific to him, like mesothelioma, lung cancer, or other forms of scarring that affects the lungs and respiratory tract (e.g. plaques in the pleural cavity). Other experts, such as industrial hygienists might also be needed to assist in establishing asbestos-related exposure levels. They can use advanced sampling and analytical methods to determine the amount of asbestos in the air in a home or workplace and compare them to the legal exposure standards. Experts of this kind can be extremely useful in defending companies that produced or distributed asbestos-related goods as they often have the capability of proving that the levels of exposure of plaintiffs were below the legal limit and that there was no evidence of negligence by the employer or the manufacturer's responsibility. Other experts in these cases include environmental and occupational specialists who can provide insights into the adequacy 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 that are disturbed during a remodel are more likely to contain asbestos or that shaking out contaminated clothing can cause asbestos fibers release and then be inhaled.