The 3 Largest Disasters In Asbestos Litigation Defense The Asbestos Litigation Defense's 3 Biggest Disasters In History

Asbestos Litigation Defense

In order to defend businesses against asbestos-related lawsuits in the future, it is essential to look into the medical records of the plaintiff, work history and witness. We typically use the bare-metal defense, which is based on the argument that your company didn't manufacture or sell the asbestos-containing products in question in a claimant's case.

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

Statute of Limitations

The majority of lawsuits must be filed within a certain time frame, also known as the statute of limitations. For asbestos cases, that means the legal deadline for filing is between one and six years after a person is diagnosed with an asbestos-related disease. It is important for the defense to show that the injury was sustained after the deadline. This often requires a thorough review and analysis of the plaintiff's work background, including interviews with former coworkers, as well as a thorough study of Social Security and union records and tax, tax, and other documents.

In defending asbestos cases, there are various complex issues.  Knoxville asbestos lawsuit  may develop a less severe illness, such as asbestosis, before being diagnosed with a fatal disease such as mesothelioma. In these cases the attorney representing the defense will argue that the limitation period should start when the victim knew or should have reasonably known that asbestos exposure caused their illness.

These cases are made more complex due to the fact that the statute of limitations can vary from state to state. In these cases a mesothelioma lawyer who is experienced will try to file the case in the state where the bulk of the alleged exposure occurred. This can be a challenging task since asbestos sufferers often moved across the country to obtain work, and the alleged exposure could have occurred in several states.

The discovery process can be difficult in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants as in most cases, there are usually many parties involved. It is often difficult to obtain relevant evidence in these cases, particularly when the plaintiff's claim of injuries spans decades and involves many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to develop litigation strategies and manage local counsel and produce consistent and cost-effective results in coordination with client goals. We regularly appear before coordinating and trial judges and special masters of litigation across the country.

Bare Metal Defense

In the past, makers of boilers, turbines, valves and pumps have defended themselves against asbestos lawsuits by asserting the "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 did not design or install.

In the case of Devries v. Devries, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment such as valves, pumps and steam traps. He claimed that he was exposed to asbestos during his work in the plant and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has altered the nature of asbestos litigation and may influence the way that the courts in other jurisdictions deal with the issue of third-party parts that manufacturers incorporate into their equipment. The Court declared that the use of the bare-metal defense in this instance is "cabined" to maritime law however, it left open the possibility that other federal circuits might apply this principle to non-maritime cases also.

This was the first time a federal appellate court used the"bare-metal" defense in a case involving asbestos, and it is a significant departure for traditional product liability laws. Most courts have interpreted "bare metal" as a denial of the responsibility of a manufacturer to warn about the potential harms caused by replacement parts it did't manufacture or sale.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We help our client develop strategies for litigation, manage regional and local counsel, and provide a consistent, cost-effective defence in accordance with their goals. Our attorneys also speak at industry conferences about major issues shaping asbestos litigation. Our firm has experience defending clients across the 50 states and working closely with trial courts, coordinating judges and litigation special masters. Our unique strategy has proven successful in reducing exposure and legal expenses for our clients.

Expert Witnesses

A person who has specialized expertise, experience or knowledge is an expert witness. They provide independent assistance to a court by providing an unbiased opinion on issues within their field of expertise. He must clearly state the facts or assumptions on which his opinions are based and must not fail to consider issues that could affect his opinions.

In cases where asbestos exposure is suspected medical experts may be required to help evaluate the claimant's health and determine any causal connections between the condition and the identified source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of experts. This can include doctors, nurses, pharmacists toxicologists, epidemiologists, and occupational health professionals.

Experts are there to offer an impartial technical support, whether they represent the prosecution or the defence. He is not expected to assume the role of an advocate, nor should he seek to influence or persuade the jury in favour of his client. He should not attempt to convince the jury or promote an argument.

The expert should co-operate with the other experts in trying to reduce any technical issues at a very early stage and eliminate any peripheral matters. The expert should also collaborate with those who instruct him to pinpoint areas of agreement and disagreement for the joint statement of the expert as ordered by the court.

The expert should finish his examination, present his conclusions as well as the reasons for the conclusions in a manner that is clear and easy to comprehend. He should be prepared to answer questions from either the judge or the prosecution, and be prepared to discuss all issues that were raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our attorneys can handle and advise national and regional defense counsel as in addition to local regional, expert witnesses and experts. Our team regularly appears before judges who are coordinating asbestos litigation across the nation and also before trial judges and special Masters.

Medical Experts

Expert witnesses are vital in cases which involve asbestos-related injuries due the delay between exposure to asbestos and the onset symptoms. Asbestos cases usually involve complicated theories of injuries that can span decades and involve hundreds or even dozens of defendants. It is almost impossible for an individual to prove their case without the help of experts.

Medical and other scientists are necessary to assess the extent of a claimant's exposure, evaluate their medical conditions and offer insight into potential future health problems. These experts are vital to any case, and they should be thoroughly vetted and educated in the relevant field. The more experience an expert in medical or scientific fields has the more convincing they'll be.

In many asbestos cases a medical expert or scientist is required to look over the records of the claimant and conduct an examination. Experts can verify whether asbestos exposure caused a specific medical condition, such as mesothelioma or lung cancer.

Other experts such as industrial hygienists might be required to assist in establishing asbestos-related exposure levels. They can employ sophisticated analytical and sampling techniques to evaluate the asbestos concentrations in the air at the workplace or at home to legal exposure standards.

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

Other experts that could be involved in these instances are occupational and environmental specialists. They can provide insight into the safety procedures that are in place at a specific workplace or business, and how they connect to asbestos manufacturers' liability. For example, these experts can determine that materials used in renovation damaged during a remodel are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers to release and be inhaled.