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Asbestos Litigation Defense In order to defend companies against asbestos-related lawsuits and claims, it is essential to examine the plaintiff's medical records, work history, and testimony. We typically use a bare metal defense, which focuses on proving that your company didn't make or sell asbestos-containing products that are that are the subject of the claimant's lawsuit. Asbestos cases require an exclusive approach and a determined approach to get results. We act as local counsel, regional and national. Statute of limitations The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and 6 years after a victim is diagnosed with an asbestos-related condition. It is crucial for the defense to prove that the alleged injury occurred within the timeframe. Often, this requires conducting a thorough review of the plaintiff's work background, including interviews with former colleagues and the careful examination of Social Security, union, tax and other records. In defending asbestos cases, there are many complicated issues. Asbestos victims may develop a less severe disease, such as asbestosis, before being diagnosed with a fatal illness such as mesothelioma. In these cases the defense attorney will argue that the time limit should be set when the victim was aware or ought to have known that exposure to asbestos causes their disease. These cases are complicated because the statute of limitations can differ from state to state. In these instances, an experienced mesothelioma lawyer will attempt to bring the case to a state where the majority of the alleged exposure took place. This could be a challenging task as asbestos patients often moved across the country in search of employment, and the alleged exposure could have occurred in multiple states. Finally, the discovery process is difficult in asbestos litigation. Asbestos litigation is more complex than other personal injury cases. Instead of just a few defendants as in most cases, there are usually many people involved. It can be difficult to obtain relevant discovery when there are many defendants and the plaintiff's theory is spanning decades. The McGivney, Kluger, Clark & Intoccia Team has vast experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We work closely with regional and local counsel to develop litigation strategy and manage local counsel to obtain consistent, cost-effective outcomes in line 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 nation. Bare Metal Defense In the past, producers of boilers, turbines pumps and valves have defended themselves against asbestos lawsuits by arguing the “bare metal” doctrine or component part doctrine. This defense states that a manufacturer is not liable for asbestos-related injuries caused by replacement parts they did not manufacture or install. In the case of Devries, an employee at the Tennessee Eastman chemical plant sued several equipment manufacturers for mesothelioma. The plaintiff's duties included the removal and replacement of insulation, steam traps, and gaskets from equipment like valves, pumps, and steam traps. He claimed he was exposed asbestos when working in the plant and was diagnosed with mesothelioma a few years afterward. The Supreme Court's Devries decision has altered the nature of asbestos litigation and may influence how courts in other jurisdictions approach the issue of third-party components manufacturers add to equipment. The Court declared that the use of the bare metal defense in this context is “cabined” to maritime law, but left open the possibility that other federal circuits might apply this principle to non-maritime cases also. This was the first time that a federal appellate court applied the”bare-metal” defense in a case involving asbestos, and it is a significant departure from the traditional product liability laws. The majority of courts have interpreted “bare metal” as a rejection of the obligation of a maker to warn about harms caused 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 local and regional counsel, and provide an efficient, cost-effective defense in coordination with their objectives. Our lawyers speak at conferences for industry professionals on the most important issues that affect asbestos litigation. Our firm has experience in defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has proven successful in reducing legal spend for our clients. Expert Witnesses An expert witness is someone who has specific skills, experience or knowledge and offers independent assistance to the court with the aid of unbiased opinion concerning issues that fall within his expertise. He should be able to clearly express his opinions and the facts or assumptions he's basing it on. He should not ignore any factors that could affect his conclusions. In the event that asbestos exposure is suspected medical experts may be required to evaluate the claimant's health and determine any causal connections between the condition and the identified source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of specialists. This could include nurses and doctors pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists. If it's the prosecution or defence the role of an expert is to provide impartial technical assistance. He should not assume the role of an advocate, nor should he seek to influence or convince the jury in favour of his client. He should not attempt to convince the jury or promote an argument. The expert should collaborate with the other experts to resolve any issues that are peripheral and narrow down any technical issues. The expert should also work with those who instruct him to determine areas of agreement and disagreement for the joint declaration of the expert commissioned by the court. After his chief examination the expert should be able to present his conclusions and the reasoning behind them in a clear and easy-to-understand manner. He should be able to answer questions from either the judge or the prosecution, and be prepared to address all points that were raised during cross-examination. Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers are able to advise and manage regional and national defense counsel and regional and local experts as well as witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country, as well as trial judges and special Masters. Medical Experts Due to the issues of latency that occur between asbestos exposure and beginning of symptoms, expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and connect hundreds or dozens of defendants. Because of this, it is nearly impossible for a plaintiff to establish their case without the assistance of experts. Medical and other experts in the field are essential to determine the extent of an individual's exposure, evaluate their medical conditions and provide information about potential future health problems. Sunnyvale asbestos lawyer like these are essential to any case, and must be thoroughly checked and knowledgeable in the relevant field. The more experience an expert in medical or scientific fields has, the more persuasive they will be. Asbestos cases often require a medical or scientific expert to review the medical records of the claimant and conduct a physical examination. Experts can testify as to whether the claimant's exposure asbestos was enough to trigger a specific medical condition such as mesothelioma, lung cancer, or any other form of scarring in the lungs and respiratory tract (e.g. plaques in the pleural cavity). It is possible to consult other experts, such as industrial hygienists to establish the existence of asbestos exposure levels. They can use sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home to legal exposure standards. These experts are also useful when defending companies who manufactured or distributed asbestos-related goods as they can often be able of demonstrating that the levels of exposure of plaintiffs were within the legal limit and that there was no evidence of negligence by the employer or the manufacturer's responsibility. Other experts who could be involved in these cases include occupational and environmental specialists. They can provide insights into the safety guidelines that are in place at a specific workplace or business and how they are related to the liability of asbestos manufacturers. They can determine, for instance, that renovation materials damaged during a remodel project may contain asbestos, or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to release.