The Three Greatest Moments In Asbestos Litigation Defense History
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Asbestos Litigation Defense
Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's work history as well as medical records and evidence. We often use the bare metal defense which focuses on arguing that your company was not able to manufacture, sell or distribute the asbestos-containing products in question in the claimant's case.
Asbestos cases require an exclusive method and a persistent approach to achieve successful results. We are local, regional and national counsel.
Statute of Limitations
The statute of limitations is a time limit within which most lawsuits must be filed. In asbestos cases the deadline to file an action is between one and 6 years after a victim is diagnosed with an asbestos attorney-related illness. In order to defend the case it is essential to establish that the alleged injury or death did occur prior to this timeframe. This often requires a thorough study and analysis of the plaintiff's employment background, including interviews with former coworkers, as well as an in-depth examination of Social Security and union records and tax and tax records.
In defending asbestos cases, there are a variety of complex issues. For example, asbestos lawyer victims often suffer from a less serious disease such as asbestosis before being diagnosed with a fatal illness such as mesothelioma. In these instances an attorney for defense will argue that the time limit for a statute of limitations should begin when the person who suffers from asbestos attorneys knew or reasonably ought to have realized that their asbestos lawyers exposure caused the disease.
These cases are made more complex because the statute of limitations could differ from state to state. In these cases, an experienced lawyer for mesothelioma will try to bring the case to a state where the majority of the exposure is believed to have taken place. This could be a challenging task because asbestos victims often moved across the country in search of jobs, and the claimed exposure could have occurred in multiple states.
Finally, the discovery process is challenging in asbestos lawyer litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants, as is the case in most cases, there are usually dozens of people involved. As a result, it can be hard to obtain an accurate discovery in these cases, especially when the plaintiff's claim of injuries spans decades and connects several different defendants.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to develop strategies for litigation, manage local counsel, and ensure consistent and cost-effective results that align with client goals. We frequently appear in front of the trial judge and coordinating judge, as well as litigation masters, across the country.
Bare Metal Defense
In the past, manufacturers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits by asserting the "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injury caused by replacement parts they did not install or manufacture.
In the case of Devries, an employee of an Tennessee Eastman chemical plant sued various equipment manufacturers over 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 he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation and could impact the way courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. 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 will apply this principle to non-maritime cases as well.
This was the first time an appeals court of the federal level has applied the bare-metal defense in an asbestos lawsuit; simply click the following website page,, and represents an important departure from the traditional product liability law. The majority of courts have interpreted "bare metal" as a rejection of the responsibility of a maker to warn about the potential harms caused by replacement parts it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team is regularly serving 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 local counsel, and ensure an effective, cost-effective and consistent defense in line with their goals. Our attorneys also present at industry conferences on major issues shaping asbestos litigation. Our firm's experience includes defending clients in every state and collaborating with the coordinating judges and trial courts, as well as special masters. Our unique approach has proven to be successful in reducing exposure and legal spend for our clients.
Expert Witnesses
An expert witness is someone who has specific skills, knowledge or experience and can provide independent advice to the court by way of an impartial opinion on issues that fall within his area of expertise. He must clearly state his views and the facts or assumptions he's basing it on. He should also not ignore any factors that could affect his conclusions.
In cases where asbestos exposure is claimed medical experts may be required to evaluate the claimant's condition and identify any causal connections between the condition and the alleged source of exposure. Many of the illnesses associated with asbestos are very complex, and require the expertise of specialists in the field. This could include doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.
Experts are there to offer unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. Experts should not be an advocate or try to influence the jury to favor his client. The obligation to the court is greater than the obligations he has to his client, and he should not attempt to promote an argument or locate evidence to back it.
The expert should collaborate with the other experts to eliminate any issues that are peripheral and reduce any technical issues. The expert should also work with the experts who instruct him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts commissioned by the court.
The expert must finish his examination chief, explain his conclusions as well as the reasons behind the conclusions in a manner that is clear and understandable. He should be able to answer questions posed by the judge or the prosecution, and be willing to discuss all issues raised during cross-examination.
Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to assist and manage national and regional defense counsel and regional and local experts and witnesses. Our team is regularly in front of coordinating judges in asbestos litigation across the country, as well as trial judges and special Masters.
Medical Experts
Expert witnesses are vital in cases that involve asbestos-related injuries because of the latency between exposure to asbestos and the beginning symptoms. Asbestos cases typically involve complicated theories of injury that can span decades and link dozens or even hundreds of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Experts in the field of medicine and other science are required to assess the degree of exposure an individual has and medical condition as well as to provide insight into future health concerns. These experts are crucial to any case and should be thoroughly vetted and educated in the field they are working in. The more experience a medical or scientific expert has, the more persuasive they will be.
Asbestos cases often require an expert in science or medicine to analyze the medical records of the claimant and conduct a physical exam. Experts can testify to whether the claimant's exposure to asbestos was enough to cause an illness that is specific to him, such as mesothelioma, lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g. the pleural plaques).
Other experts such as industrial hygienists could also be needed to assist in establishing the existence of asbestos-related exposure levels. They can use advanced analytical and sampling methods to compare airborne asbestos levels in a home or workplace to the legal exposure standards.
Experts of this kind can also prove valuable when defending companies that manufactured or distributed asbestos-related goods as they often have the capability of demonstrating that the exposure levels of plaintiffs were lower than legal limits and that there was no evidence of negligence by the employer or the manufacturer's responsibility.
Other experts in these instances include environmental and occupational specialists who can provide insight into the adequacy of safety procedures at a particular work site or company and how they are related to the liability of asbestos manufacturers. They can determine, for instance, that renovation materials damaged during the course of a remodel could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to release.
Protecting companies from asbestos litigation requires a thorough analysis of a plaintiff's work history as well as medical records and evidence. We often use the bare metal defense which focuses on arguing that your company was not able to manufacture, sell or distribute the asbestos-containing products in question in the claimant's case.
Asbestos cases require an exclusive method and a persistent approach to achieve successful results. We are local, regional and national counsel.
Statute of Limitations
The statute of limitations is a time limit within which most lawsuits must be filed. In asbestos cases the deadline to file an action is between one and 6 years after a victim is diagnosed with an asbestos attorney-related illness. In order to defend the case it is essential to establish that the alleged injury or death did occur prior to this timeframe. This often requires a thorough study and analysis of the plaintiff's employment background, including interviews with former coworkers, as well as an in-depth examination of Social Security and union records and tax and tax records.
In defending asbestos cases, there are a variety of complex issues. For example, asbestos lawyer victims often suffer from a less serious disease such as asbestosis before being diagnosed with a fatal illness such as mesothelioma. In these instances an attorney for defense will argue that the time limit for a statute of limitations should begin when the person who suffers from asbestos attorneys knew or reasonably ought to have realized that their asbestos lawyers exposure caused the disease.
These cases are made more complex because the statute of limitations could differ from state to state. In these cases, an experienced lawyer for mesothelioma will try to bring the case to a state where the majority of the exposure is believed to have taken place. This could be a challenging task because asbestos victims often moved across the country in search of jobs, and the claimed exposure could have occurred in multiple states.
Finally, the discovery process is challenging in asbestos lawyer litigation. Asbestos litigation is more difficult than other personal injury cases. Rather than a few defendants, as is the case in most cases, there are usually dozens of people involved. As a result, it can be hard to obtain an accurate discovery in these cases, especially when the plaintiff's claim of injuries spans decades and connects several different defendants.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district, multi-jurisdictional, asbestos litigation. We collaborate closely with local and regional counsel to develop strategies for litigation, manage local counsel, and ensure consistent and cost-effective results that align with client goals. We frequently appear in front of the trial judge and coordinating judge, as well as litigation masters, across the country.
Bare Metal Defense
In the past, manufacturers of turbines, boilers, valves and pumps have protected themselves from asbestos lawsuits by asserting the "bare metal" doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injury caused by replacement parts they did not install or manufacture.
In the case of Devries, an employee of an Tennessee Eastman chemical plant sued various equipment manufacturers over 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 he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma years later.
The Supreme Court's decision in Devries has altered the face of asbestos litigation and could impact the way courts in other jurisdictions address the issue of the liability of third-party components that are added to equipment by manufacturers. 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 will apply this principle to non-maritime cases as well.
This was the first time an appeals court of the federal level has applied the bare-metal defense in an asbestos lawsuit; simply click the following website page,, and represents an important departure from the traditional product liability law. The majority of courts have interpreted "bare metal" as a rejection of the responsibility of a maker to warn about the potential harms caused by replacement parts it did not manufacture or sell.
The McGivney, Kluger, Clark & Intoccia Team is regularly serving 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 local counsel, and ensure an effective, cost-effective and consistent defense in line with their goals. Our attorneys also present at industry conferences on major issues shaping asbestos litigation. Our firm's experience includes defending clients in every state and collaborating with the coordinating judges and trial courts, as well as special masters. Our unique approach has proven to be successful in reducing exposure and legal spend for our clients.
Expert Witnesses
An expert witness is someone who has specific skills, knowledge or experience and can provide independent advice to the court by way of an impartial opinion on issues that fall within his area of expertise. He must clearly state his views and the facts or assumptions he's basing it on. He should also not ignore any factors that could affect his conclusions.
In cases where asbestos exposure is claimed medical experts may be required to evaluate the claimant's condition and identify any causal connections between the condition and the alleged source of exposure. Many of the illnesses associated with asbestos are very complex, and require the expertise of specialists in the field. This could include doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.
Experts are there to offer unbiased technical assistance, regardless of whether they are representing the prosecution or the defence. Experts should not be an advocate or try to influence the jury to favor his client. The obligation to the court is greater than the obligations he has to his client, and he should not attempt to promote an argument or locate evidence to back it.
The expert should collaborate with the other experts to eliminate any issues that are peripheral and reduce any technical issues. The expert should also work with the experts who instruct him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts commissioned by the court.
The expert must finish his examination chief, explain his conclusions as well as the reasons behind the conclusions in a manner that is clear and understandable. He should be able to answer questions posed by the judge or the prosecution, and be willing to discuss all issues raised during cross-examination.
Cetrulo LLP is well versed in the defense of clients in multi-jurisdictional, multi-party asbestos litigation. Our lawyers are able to assist and manage national and regional defense counsel and regional and local experts and witnesses. Our team is regularly in front of coordinating judges in asbestos litigation across the country, as well as trial judges and special Masters.
Medical Experts
Expert witnesses are vital in cases that involve asbestos-related injuries because of the latency between exposure to asbestos and the beginning symptoms. Asbestos cases typically involve complicated theories of injury that can span decades and link dozens or even hundreds of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Experts in the field of medicine and other science are required to assess the degree of exposure an individual has and medical condition as well as to provide insight into future health concerns. These experts are crucial to any case and should be thoroughly vetted and educated in the field they are working in. The more experience a medical or scientific expert has, the more persuasive they will be.
Asbestos cases often require an expert in science or medicine to analyze the medical records of the claimant and conduct a physical exam. Experts can testify to whether the claimant's exposure to asbestos was enough to cause an illness that is specific to him, such as mesothelioma, lung cancer, or other types of scarring that affects the lungs and respiratory tract (e.g. the pleural plaques).
Other experts such as industrial hygienists could also be needed to assist in establishing the existence of asbestos-related exposure levels. They can use advanced analytical and sampling methods to compare airborne asbestos levels in a home or workplace to the legal exposure standards.
Experts of this kind can also prove valuable when defending companies that manufactured or distributed asbestos-related goods as they often have the capability of demonstrating that the exposure levels of plaintiffs were lower than legal limits and that there was no evidence of negligence by the employer or the manufacturer's responsibility.
Other experts in these instances include environmental and occupational specialists who can provide insight into the adequacy of safety procedures at a particular work site or company and how they are related to the liability of asbestos manufacturers. They can determine, for instance, that renovation materials damaged during the course of a remodel could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to release.
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