How The 10 Worst Asbestos Litigation Defense FAILS Of All Time Could H…
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Asbestos Litigation Defense
The defense of companies against asbestos litigation requires a thorough review of a plaintiff's work history and medical records, as well as 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 at issue in the claimant's lawsuit.
Asbestos cases are distinct and require an aggressive approach to achieving successful results. We serve as local counsel, regional and national.
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 six years after a person is diagnosed with an asbestos-related disease. For the defense it is crucial to establish that the alleged injury or death did not occur within this deadline. In most cases, this involves conducting a thorough review of the plaintiff's past work history, which includes interviews with former coworkers and the careful review of Social Security, union, tax and other documents.
Defending asbestos cases involves many complicated issues. For instance, asbestos-related victims are more likely to suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal disease like mesothelioma. In these cases the defense attorney will argue the time limit should be set when the victim was aware or ought to have known that asbestos exposure caused their disease.
These cases are made more complex by the fact the statute of limitations can vary from state to state. In these instances an experienced lawyer for mesothelioma will try to file the case in a state where the majority of the exposure is believed to have taken place. This may be a difficult task as asbestos patients frequently moved around the country in search of work, and the alleged exposure may have taken place in multiple states.
In addition, the process of discovery is challenging in asbestos litigation. Unlike other personal injury cases, which usually contain only a few defendants, asbestos-related litigation typically involves a number of parties. It is often difficult to obtain meaningful discovery when there are multiple defendants and the plaintiff's claim is spanning decades.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with regional and local counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results in accordance with the goals of the client. We frequently appear in front of the trial judge and the coordinating judge as well as litigation masters, across the nation.
Bare Metal Defense
In the past, producers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or component part doctrine. This defense holds that a company cannot be held accountable for asbestos-related injuries resulting from replacement components that the company did not design or install.
In the case Devries v. Tennessee Eastman Chemical, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets on equipment such as valves, pumps and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's decision in Devries has changed the course of asbestos litigation and could affect how courts in other jurisdictions deal with the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court stated that this application of the bare-metal defense was "cabined" in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that are not 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 major departure for traditional product liability laws. Most courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to inform about harms caused 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 help our client develop litigation strategies, manage local and regional counsel and provide an effective, cost-effective and consistent defense in accordance with their goals. Our lawyers are invited to participate in industry conferences on major issues that affect asbestos attorney litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has been successful in decreasing our clients' risk and legal costs.
Expert Witnesses
A person with specialized knowledge, skills or experience is an expert witness. They provide independent assistance to a court by providing an objective opinion on matters that are within their expertise. He should clearly state the facts or assumptions upon which his opinion is based and must not fail to consider issues that could affect his opinions.
In cases involving allegations of exposure to asbestos, medical experts are often required to assist in the assessment of the claimant's condition and the determination of any causal link between their condition and the identified source of exposure. A lot of the diseases caused by asbestos are extremely complicated, requiring the expertise of specialists in the field. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.
Experts are there to provide unbiased technical assistance, regardless of whether they represent the prosecution or the defence. Experts should not be an advocate or try to influence the jury to favor his client. The duty to the court supersedes his obligations to his client, and he should not attempt to promote an argument or seek evidence to support it.
The expert should work with other experts to address any peripheral issues and narrow down any technical issues. The expert should also work with those instructing him in identifying areas of agreement and disagreement for the purpose of the joint declaration of experts ordered by the court.
At the conclusion of his chief examination, the expert should present his conclusions and the reasons behind them in a clear and comprehensible way. He should be able to answer questions from either the prosecution or judge, and be able to discuss all issues raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to handle and advise regional and national defense counsel, as well as local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos litigation across the nation, as well as trial judges and special Masters.
Medical Experts
Due to the latency issues that occur between asbestos exposure and the beginning of symptoms experts are a crucial part in any case that involves an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that span decades and connect hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the help 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 possible health issues that could arise in the future. These experts are crucial to any case and must be thoroughly examined and knowledgeable in the relevant field. The more experience an expert in science or medicine has the more convincing he will be.
asbestos lawsuit cases typically 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 like mesothelioma, lung cancer, or other forms of scarring in the respiratory tract and lungs (e.g., pleural plaques).
Other experts like industrial hygienists could also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in a workplace or home and compare them to the legal exposure standards.
These experts can also prove valuable when defending companies who manufactured or distributed asbestos lawyers-related products as they are often capable of demonstrating that the exposure levels of plaintiffs were below the legal limit and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.
Other experts in these instances include occupational and environmental specialists who can offer insights into the quality of safety protocols at a specific work site or company and how such protocols are related to asbestos manufacturers' liability. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and become inhaled.
The defense of companies against asbestos litigation requires a thorough review of a plaintiff's work history and medical records, as well as 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 at issue in the claimant's lawsuit.
Asbestos cases are distinct and require an aggressive approach to achieving successful results. We serve as local counsel, regional and national.
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 six years after a person is diagnosed with an asbestos-related disease. For the defense it is crucial to establish that the alleged injury or death did not occur within this deadline. In most cases, this involves conducting a thorough review of the plaintiff's past work history, which includes interviews with former coworkers and the careful review of Social Security, union, tax and other documents.
Defending asbestos cases involves many complicated issues. For instance, asbestos-related victims are more likely to suffer from a less serious disease like asbestosis prior to being diagnosed with a fatal disease like mesothelioma. In these cases the defense attorney will argue the time limit should be set when the victim was aware or ought to have known that asbestos exposure caused their disease.
These cases are made more complex by the fact the statute of limitations can vary from state to state. In these instances an experienced lawyer for mesothelioma will try to file the case in a state where the majority of the exposure is believed to have taken place. This may be a difficult task as asbestos patients frequently moved around the country in search of work, and the alleged exposure may have taken place in multiple states.
In addition, the process of discovery is challenging in asbestos litigation. Unlike other personal injury cases, which usually contain only a few defendants, asbestos-related litigation typically involves a number of parties. It is often difficult to obtain meaningful discovery when there are multiple defendants and the plaintiff's claim is spanning decades.
The McGivney, Kluger, Clark & Intoccia Team has years of experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with regional and local counsel to develop a strategy for litigation and manage local counsel to achieve consistent, cost-effective results in accordance with the goals of the client. We frequently appear in front of the trial judge and the coordinating judge as well as litigation masters, across the nation.
Bare Metal Defense
In the past, producers of turbines, boilers, pumps and valves have defended themselves from asbestos lawsuits by asserting what is referred to as "bare metal" doctrine or component part doctrine. This defense holds that a company cannot be held accountable for asbestos-related injuries resulting from replacement components that the company did not design or install.
In the case Devries v. Tennessee Eastman Chemical, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff involved the removal and replacement of steam traps, insulation and gaskets on equipment such as valves, pumps and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma many years later.
The Supreme Court's decision in Devries has changed the course of asbestos litigation and could affect how courts in other jurisdictions deal with the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court stated that this application of the bare-metal defense was "cabined" in maritime law but left open the possibility of other federal circuits to apply this doctrine to cases that are not 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 major departure for traditional product liability laws. Most courts have interpreted "bare metal" as a denial of the obligation of a manufacturer to inform about harms caused 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 help our client develop litigation strategies, manage local and regional counsel and provide an effective, cost-effective and consistent defense in accordance with their goals. Our lawyers are invited to participate in industry conferences on major issues that affect asbestos attorney litigation. Our firm has experience defending clients in all 50 states and working closely with trial courts, coordinating judges and special masters of litigation. Our unique approach has been successful in decreasing our clients' risk and legal costs.
Expert Witnesses
A person with specialized knowledge, skills or experience is an expert witness. They provide independent assistance to a court by providing an objective opinion on matters that are within their expertise. He should clearly state the facts or assumptions upon which his opinion is based and must not fail to consider issues that could affect his opinions.
In cases involving allegations of exposure to asbestos, medical experts are often required to assist in the assessment of the claimant's condition and the determination of any causal link between their condition and the identified source of exposure. A lot of the diseases caused by asbestos are extremely complicated, requiring the expertise of specialists in the field. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.
Experts are there to provide unbiased technical assistance, regardless of whether they represent the prosecution or the defence. Experts should not be an advocate or try to influence the jury to favor his client. The duty to the court supersedes his obligations to his client, and he should not attempt to promote an argument or seek evidence to support it.
The expert should work with other experts to address any peripheral issues and narrow down any technical issues. The expert should also work with those instructing him in identifying areas of agreement and disagreement for the purpose of the joint declaration of experts ordered by the court.
At the conclusion of his chief examination, the expert should present his conclusions and the reasons behind them in a clear and comprehensible way. He should be able to answer questions from either the prosecution or judge, and be able to discuss all issues raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to handle and advise regional and national defense counsel, as well as local regional, expert witnesses and experts. Our team is regularly in front of coordinating judges in asbestos litigation across the nation, as well as trial judges and special Masters.
Medical Experts
Due to the latency issues that occur between asbestos exposure and the beginning of symptoms experts are a crucial part in any case that involves an asbestos-related injury. Asbestos cases usually involve complicated theories of injuries that span decades and connect hundreds or even dozens of defendants. It is nearly impossible for a plaintiff to prove their case without the help 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 possible health issues that could arise in the future. These experts are crucial to any case and must be thoroughly examined and knowledgeable in the relevant field. The more experience an expert in science or medicine has the more convincing he will be.
asbestos lawsuit cases typically 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 like mesothelioma, lung cancer, or other forms of scarring in the respiratory tract and lungs (e.g., pleural plaques).
Other experts like industrial hygienists could also be needed to assist in determining the existence of asbestos-related exposure levels. They can utilize advanced sampling techniques and analytical methods to assess the levels of asbestos in the air in a workplace or home and compare them to the legal exposure standards.
These experts can also prove valuable when defending companies who manufactured or distributed asbestos lawyers-related products as they are often capable of demonstrating that the exposure levels of plaintiffs were below the legal limit and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.
Other experts in these instances include occupational and environmental specialists who can offer insights into the quality of safety protocols at a specific work site or company and how such protocols are related to asbestos manufacturers' liability. For instance, these experts can establish that the materials disturbed during a remodel project are more likely to contain asbestos or shaking out clothing contaminated with asbestos could cause asbestos fibers to release and become inhaled.
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