The Reasons To Focus On Enhancing Asbestos Litigation Defense

Asbestos Litigation Defense

Defending companies from asbestos litigation requires a thorough review of a plaintiff's work history, medical records and testimony. We often use a bare metal defense that focuses on the fact that your company didn't make or sell asbestos-containing products that are the subject of the claimant's lawsuit.

Asbestos cases are unique and require a tenacious approach to achieve successful results. We act as local counsel, regional and national.

Statute of limitations

The statute of limitations is a period within which most lawsuits must be filed. For asbestos-related cases, that means the deadline for filing a lawsuit is between one and six years after a victim becomes diagnosed with an asbestos-related condition. It is crucial for the defense to show that the alleged injury occurred after the deadline. This typically requires a thorough examination and examination of the plaintiff's employment background, including interviews with former coworkers, as well as a thorough study of Social Security and union records, as well as tax, tax, and other documents.

The process of defending asbestos cases involves many complicated issues. Asbestos-related victims can develop a mild illness, such asbestosis, before being diagnosed with a fatal disease such as mesothelioma. In these cases, a defense attorney will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably ought to have known that their exposure to asbestos triggered the disease.

The difficulty of these cases is also made more difficult by the fact that the statute of limitations may differ from state to state. In these instances a mesothelioma lawyer who is experienced will try to file the case specializes in asbestos litigation the state where the bulk of the exposure alleged occurred. This can be a challenging task as asbestos patients often moved across the country to obtain work, Latest Asbestos Litigation and the alleged exposure may have taken place in several states.

The process of discovery can be difficult in asbestos litigation. Contrary to other types of personal injury cases, which typically have only a handful of defendants, asbestos litigation meaning-related litigation typically involves dozens or more parties. As a result, it can be hard to obtain meaningful discovery in these cases, especially when the plaintiff's claim of injuries spans decades and involves multiple defendants.

The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with regional and local counsel to formulate a strategy for litigation, manage local counsel and achieve consistent, cost-effective results, in coordination with the goals of the client. We frequently appear before the trial judge and the coordinating judge as also litigation masters across the country.

Bare Metal Defense

In the past, makers of boilers, turbines pumps and valves have defended themselves from asbestos lawsuits by arguing the "bare metal" doctrine or the component part doctrine. This defense holds that a company cannot be held responsible for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case Devries, the Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The plaintiff's duties 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 during his work in the plant and was diagnosed with Mesothelioma several years later.

The Supreme Court's decision in Devries has shifted the landscape of asbestos litigation. It may impact how courts in other jurisdictions address 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 was the first time that a federal appellate court applied the"bare-metal" defense in a case involving asbestos and it's a significant departure from the traditional law regarding product liability. The majority of courts have interpreted "bare metal" as a rejection of the obligation of a manufacturer to inform about the dangers posed 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 assist our clients to develop litigation strategies, manage regional and latest asbestos litigation local counsel, and provide an efficient, cost-effective defense in accordance with their goals. Our lawyers are invited to participate in industry conferences on important issues that affect asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique approach has proven successful in reducing exposure and legal costs for our clients.

Expert Witnesses

An expert witness is a person who has specific expertise, knowledge or experience and offers independent assistance to the court in the form of an impartial opinion on issues that fall within his expertise. He must clearly state his views and the evidence or assumptions that he is basing it on. He should also not overlook any aspects that might affect his conclusions.

In cases where asbestos exposure is alleged, medical experts may be required to help evaluate the claimant's health and determine any causal connections between the condition and the source of exposure. A lot of the diseases associated with asbestos are very complex, and require the expertise of specialists in the field. This includes doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health specialists.

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

The expert should collaborate with other experts to resolve any peripheral issues and narrow down any technical issues. The expert should also co-operate with the people who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint statement of experts commissioned by the court.

After completing his chief examination the expert must explain his conclusions and the reasons for them in a clear and understandable way. He should be able to answer any questions from the judge or prosecution and be prepared to address all points that were raised during cross-examination.

Cetrulo LLP is well versed in defending clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to handle and advise regional and national defense counsel as in addition to local regional, expert witnesses and experts. Our team regularly appears before trial judges, coordinating judges and special masters in asbestos litigation across the country.

Medical Experts

Due to the latency issues that occur between asbestos exposure and the beginning of symptoms Expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that span decades and involve hundreds or even dozens of defendants. This is why it is almost impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other experts in the field are essential to determine the extent of a person's exposure, evaluate their medical conditions, and provide insight into the possibility of future health issues. These experts are crucial to any case and should be thoroughly vetted and knowledgeable about the subject matter. The more experience an expert in medicine or science has, the more persuasive the expert is.

In many asbestos cases, a medical expert or scientist is required to review the records of the claimant as well as perform an examination. Experts can verify whether asbestos exposure caused a specific medical condition, like mesothelioma or lung cancer.

Other experts such as industrial hygienists may be required to assist in determining the existence of asbestos-related exposure levels. They can use advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare them to the legal exposure standards.

Experts of this kind can also prove valuable in defending companies that produced or distributed asbestos litigation defense-related goods as they often have the capability of demonstrating that the levels of exposure of plaintiffs were below legal limits and that there was no evidence of employer negligence or manufacturer responsibility.

Other experts in these cases include occupational and environmental specialists who can offer insights into the adequacy of safety procedures at a particular workplace or business and how these protocols are related to the liability of asbestos manufacturers. They can determine, for instance, that renovation materials disturbed in the course of remodeling could contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos fibers and latest Asbestos litigation dust to escape.