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Asbestos Litigation Defense To defend companies against asbestos-related lawsuits and claims, it is essential to review 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 manufacture, sell, or distribute the products containing asbestos in the plaintiff's lawsuit. Asbestos cases require an exclusive approach and a determined strategy to achieve success. We act as local, regional and national counsel. Statute of Limitations The statute of limitations is a time limit within which lawsuits are required to be filed. For asbestos-related cases, this means that the deadline for filing a lawsuit is between one and six years after the victim becomes diagnosed with an asbestos-related disease. To defend it is essential to prove that the alleged injury or death did not occur prior to the deadline. This typically requires a thorough review and analysis of the plaintiff's employment history, which includes interviews with former coworkers, as well as an in-depth review of Social Security and union records as well as tax and tax documents. In defending an asbestos-related case, there are many complicated issues. Asbestos-related victims can suffer from a less severe illness, such as asbestosis, prior to being diagnosed with a fatal disease like mesothelioma. In these cases the attorney representing the defense will argue the limitation period should start when the victim realized or ought to have known that exposure to asbestos caused their disease. These cases are made more complex by the fact the statute of limitations may vary from state to state. In these instances, an experienced mesothelioma lawyer may try to bring the case to the state where the bulk of the exposure is believed to have taken place. This could be a challenging task since asbestos sufferers frequently moved around the country in search of jobs, and the claimed exposure may have taken place in multiple states. The process of discovery can be a challenge in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are often many parties involved. It is often difficult to obtain relevant discovery when there are many defendants and the plaintiff's claim stretches over decades. The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We collaborate closely with regional and local counsel to formulate a strategy for litigation and manage local counsel to get consistent, cost-effective results in accordance with the client's goals. We frequently appear before the trial judge and coordinating judge, as also litigation masters across the country. Bare Metal Defense In the past, producers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits by asserting what is referred to as “bare metal” doctrine or component part doctrine. This defense argues that a company cannot be held liable for asbestos-related injuries resulting from replacement components that the company didn't design or install. In the case of Devries, the Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of insulation, steam traps and gaskets on equipment like pumps, valves and steam traps (Equipment defendants). He claimed that he had been exposed to asbestos when working in the plant and was diagnosed with mesothelioma a few years afterward. The Supreme Court's decision in Devries has changed the course of asbestos litigation. It could impact the way courts in other jurisdictions handle the issue of the liability of third-party components that are added to equipment by manufacturers. The Court declared that the 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 aren't maritime. This was the first time a federal appeals court applied the bare-metal defense in an asbestos lawsuit, and is an important departure from the traditional product liability law. Most courts have interpreted the “bare metal” defense as a rejection of the obligation of a manufacturer to warn consumers about the harm caused by replacement parts that they did not make or sell. The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop strategies for litigation, manage regional and local counsel and achieve consistent, cost-effective defense that aligns with their objectives. Our attorneys speak at industry conferences on major issues that affect 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 strategy has proven to be successful in reducing exposure and legal expenses for our clients. Expert Witnesses An expert witness is a person who has specialized skills, experience or knowledge and can provide independent advice to the court in the form of unbiased opinion concerning issues that fall within his field of expertise. Toledo asbestos attorneys must clearly state his opinions and the evidence or assumptions he is basing it on. He should also not overlook any aspects that could influence his conclusions. In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the assessment of the claimant's health and the determination of any connection between their condition and an identified source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of experts. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, as well as occupational health professionals. Whether it is the defense or prosecution the expert's job is to provide objective technical assistance. He should not act as an advocate or attempt to influence the jury in favor of his client. The duty to the court overrides his obligations to his client, and he should not attempt to promote a particular argument or find evidence to support it. The expert should work with the other experts when attempting to reduce any technical issues at an early stage and eliminate any peripheral issues. The expert should also collaborate with those who instruct him to determine areas of agreement and discord for the joint declaration of expert ordered by the court. The expert must finish his examination chief, explain his conclusions as well as the reasoning behind them in a way that is clear and understandable. He is expected to be able to respond questions from the prosecution or judge and be prepared to address any points which are raised during cross-examination. Cetrulo LLP is well versed in the defense of clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our attorneys can handle and advise national and regional defense counsel as well as local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges, trial judges, and special masters of asbestos litigation across 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 typically involve complicated theories of injuries that span 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 scientists are necessary to assess the extent of a person's exposure, assess their medical conditions, and provide insight into the possibility of future health issues. These experts are crucial to any case, and must be thoroughly checked and knowledgeable about the subject. The more experience an expert in medicine or science has the more convincing the expert is. Asbestos cases usually require an expert in science or medicine to analyze the claimant's medical records and conduct a physical exam. Experts can determine if asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer. It is possible to consult other experts, such as industrial hygienists to determine if there is asbestos exposure levels. They can employ advanced sampling and analytical techniques to determine the amount of asbestos in the air in a workplace or home and compare them to the legal exposure standards. Experts of this kind are also useful when defending companies who manufactured or distributed asbestos-related goods as they often have the capability of proving that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of negligence on the part of the employer or manufacturer liability. Other experts who may be involved in these instances are occupational and environmental experts. They can provide information into the safety procedures that exist at a particular workplace or company and how they connect to the liability of asbestos producers. For instance, these experts can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos or that shaking out contaminated clothing could cause asbestos fibers to release and then be inhaled.