The 3 Most Significant Disasters In Asbestos Litigation Defense Histor…
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Asbestos Litigation Defense
The defense of companies against asbestos litigation requires a thorough review of a plaintiff's history of work, 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 that are the subject of the claimant's lawsuit.
Asbestos cases require a unique method and a persistent approach to achieve successful results. We serve as local counsel, regional and national.
Statute of limitations
The majority of lawsuits must be filed within a specified time period, known as the statute of limitations. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and 6 years after a victim is diagnosed with an asbestos-related condition. It is crucial for the defense to prove that the injury occurred within the timeframe. This usually requires a thorough study and analysis of the plaintiff's work background, including interviews with former coworkers and an in-depth examination of Social Security and union records, as well as tax, tax, and other documents.
The process of defending asbestos cases involves a variety of complex issues. For instance, asbestos victims typically develop a less serious illness like asbestosis prior to being diagnosed with a fatal disease like mesothelioma. In these instances an attorney for defense will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos caused the disease.
The difficulty of these cases is complicated by the fact that the time limit for filing a lawsuit may vary between states. In these instances a mesothelioma lawyer who is experienced will attempt to file the case in the state where the bulk of the exposure alleged occurred. This can be a challenging job, since asbestos victims typically travel around the country looking for jobs, and the alleged exposure could have occurred in a variety of states.
In addition, the process of discovery is difficult in asbestos litigation. asbestos attorney litigation is more difficult than other personal injury cases. Instead of a handful of defendants as in most cases, there are usually dozens of parties involved. It can be difficult to obtain meaningful information when there are multiple defendants, and the plaintiff's case is spanning decades.
The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and produce consistent and cost-effective results while coordinating with client goals. We regularly appear before coordinating and trial judge, as and litigation masters across the nation.
Bare Metal Defense
In the past, manufacturers of boilers, turbines pumps and valves have defended themselves against asbestos lawsuits by arguing the "bare metal" doctrine or component part doctrine. This defense states that a manufacturer can't be held accountable for asbestos attorney-related injuries caused by replacement components that the company did not make or install.
In the case Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment such as valves, pumps, and steam traps. He claimed he was exposed asbestos during his work in the plant and was diagnosed with Mesothelioma several years afterward.
The Supreme Court's decision in Devries has altered the face of asbestos litigation. It may impact how courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this principle to non-maritime cases, as well.
This decision was the first time that an appeals court of the federal level has applied the bare-metal defense in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. Most courts have interpreted the "bare metal" defense as a rejection of the responsibility of a manufacturer to warn of the dangers 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 help our client develop litigation strategies, manage regional and local counsel, and ensure an effective, cost-effective and consistent defense in line with their goals. Our lawyers present at conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with coordinating judges, trial courts and litigation special masters. Our unique strategy has proven effective in reducing our clients' exposure and legal costs.
Expert Witnesses
A person who has specialized expertise, skills or experience can be an expert witness. They offer independent assistance to a court by providing an objective opinion on issues within their field of expertise. He must clearly state his opinion and the facts or assumptions he is basing it on. He should not overlook any aspects that could affect his conclusions.
In cases where asbestos exposure is suspected medical experts may be required to assess the claimant's health and determine any causal connections between the condition and the identified source of exposure. Many of the illnesses associated with asbestos are very complex, and require the expertise of specialists in the field. This includes doctors and nurses pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.
Whether it is the prosecution or defence, an expert's role is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury to favor his client. The duty to the court is greater than his duties to his client. He should not attempt to promote an argument or locate evidence to support it.
The expert should work with other experts to resolve any peripheral issues and identify any technical issues. The expert should also cooperate with the experts who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint statement of experts commissioned by the court.
After his examination in chief the expert should be able to present his conclusions and the reasons behind them in a clear and comprehensible way. He should be prepared to answer questions from either the judge or the prosecution, and be prepared to discuss all issues raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to assist and manage national and regional defense counsel, as well as regional and local experts and witnesses. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation throughout 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 involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that can span decades and connect dozens or hundreds of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Experts in medicine and other sciences are required to assess the extent of an individual's exposure and their medical condition, and also to provide insight into future health concerns. Experts like these are essential to any case, and must be thoroughly checked and educated in the field they are working in. The more experience an expert in medicine or science has the more persuasive the expert is.
In a majority of asbestos cases, an expert in medicine or a scientist is required to look over the claimant's records and perform a physical exam. Experts can testify as to whether exposure to asbestos lawyers was enough to trigger a specific medical condition like mesothelioma, lung cancer, or other types of scarring in the respiratory tract and lungs (e.g., pleural plaques).
It could be necessary to consult other experts, like industrial hygienists to determine the presence of asbestos exposure levels. They can utilize advanced sampling and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
These experts are also useful when defending companies who manufactured or distributed asbestos-related goods as they often have the capability of demonstrating that the levels of exposure of plaintiffs were below the legal limit and that there was no evidence of negligence by the employer or manufacturer liability.
Other experts who could be involved in these cases are environmental and occupational specialists. They can provide information into the safety guidelines that exist at a particular workplace or business, and how they connect to asbestos manufacturers' liability. They can determine, for instance, that renovation materials disturbed in the course of remodeling could contain asbestos or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to be released.
The defense of companies against asbestos litigation requires a thorough review of a plaintiff's history of work, 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 that are the subject of the claimant's lawsuit.
Asbestos cases require a unique method and a persistent approach to achieve successful results. We serve as local counsel, regional and national.
Statute of limitations
The majority of lawsuits must be filed within a specified time period, known as the statute of limitations. In asbestos cases, the deadline for filing a lawsuit is anywhere between one and 6 years after a victim is diagnosed with an asbestos-related condition. It is crucial for the defense to prove that the injury occurred within the timeframe. This usually requires a thorough study and analysis of the plaintiff's work background, including interviews with former coworkers and an in-depth examination of Social Security and union records, as well as tax, tax, and other documents.
The process of defending asbestos cases involves a variety of complex issues. For instance, asbestos victims typically develop a less serious illness like asbestosis prior to being diagnosed with a fatal disease like mesothelioma. In these instances an attorney for defense will argue that the statute of limitations should start when the person who suffers from asbestos knew or reasonably ought to have known that their exposure to asbestos caused the disease.
The difficulty of these cases is complicated by the fact that the time limit for filing a lawsuit may vary between states. In these instances a mesothelioma lawyer who is experienced will attempt to file the case in the state where the bulk of the exposure alleged occurred. This can be a challenging job, since asbestos victims typically travel around the country looking for jobs, and the alleged exposure could have occurred in a variety of states.
In addition, the process of discovery is difficult in asbestos litigation. asbestos attorney litigation is more difficult than other personal injury cases. Instead of a handful of defendants as in most cases, there are usually dozens of parties involved. It can be difficult to obtain meaningful information when there are multiple defendants, and the plaintiff's case is spanning decades.
The McGivney, Kluger, Clark & Intoccia team has extensive experience in serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with local and regional counsel to devise strategies for litigation, manage local counsel, and produce consistent and cost-effective results while coordinating with client goals. We regularly appear before coordinating and trial judge, as and litigation masters across the nation.
Bare Metal Defense
In the past, manufacturers of boilers, turbines pumps and valves have defended themselves against asbestos lawsuits by arguing the "bare metal" doctrine or component part doctrine. This defense states that a manufacturer can't be held accountable for asbestos attorney-related injuries caused by replacement components that the company did not make or install.
In the case Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. Plaintiff's work included the removal and replacement of insulation, steam traps and gaskets from equipment such as valves, pumps, and steam traps. He claimed he was exposed asbestos during his work in the plant and was diagnosed with Mesothelioma several years afterward.
The Supreme Court's decision in Devries has altered the face of asbestos litigation. It may impact how courts in other jurisdictions handle the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court stated that the application of the bare-metal defense in this context is "cabined" to maritime law however, it left open the possibility that other federal circuits could apply this principle to non-maritime cases, as well.
This decision was the first time that an appeals court of the federal level has applied the bare-metal defense in an asbestos lawsuit, and represents quite a departure from the norms of product liability law. Most courts have interpreted the "bare metal" defense as a rejection of the responsibility of a manufacturer to warn of the dangers 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 help our client develop litigation strategies, manage regional and local counsel, and ensure an effective, cost-effective and consistent defense in line with their goals. Our lawyers present at conferences for industry professionals on the most important issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with coordinating judges, trial courts and litigation special masters. Our unique strategy has proven effective in reducing our clients' exposure and legal costs.
Expert Witnesses
A person who has specialized expertise, skills or experience can be an expert witness. They offer independent assistance to a court by providing an objective opinion on issues within their field of expertise. He must clearly state his opinion and the facts or assumptions he is basing it on. He should not overlook any aspects that could affect his conclusions.
In cases where asbestos exposure is suspected medical experts may be required to assess the claimant's health and determine any causal connections between the condition and the identified source of exposure. Many of the illnesses associated with asbestos are very complex, and require the expertise of specialists in the field. This includes doctors and nurses pharmacists, toxicologists, pharmacists, epidemiologists, occupational health specialists, and pharmacists.
Whether it is the prosecution or defence, an expert's role is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury to favor his client. The duty to the court is greater than his duties to his client. He should not attempt to promote an argument or locate evidence to support it.
The expert should work with other experts to resolve any peripheral issues and identify any technical issues. The expert should also cooperate with the experts who instruct him in identifying areas that are in agreement and areas of disagreement for the purpose of the joint statement of experts commissioned by the court.
After his examination in chief the expert should be able to present his conclusions and the reasons behind them in a clear and comprehensible way. He should be prepared to answer questions from either the judge or the prosecution, and be prepared to discuss all issues raised during cross-examination.
Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to assist and manage national and regional defense counsel, as well as regional and local experts and witnesses. Our team regularly appears before the coordinating judges, trial judges and special masters in asbestos litigation throughout 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 involving an asbestos-related injury. Asbestos cases often involve complex theories of injuries that can span decades and connect dozens or hundreds of defendants. It is almost impossible for an individual to prove their case without the help of experts.
Experts in medicine and other sciences are required to assess the extent of an individual's exposure and their medical condition, and also to provide insight into future health concerns. Experts like these are essential to any case, and must be thoroughly checked and educated in the field they are working in. The more experience an expert in medicine or science has the more persuasive the expert is.
In a majority of asbestos cases, an expert in medicine or a scientist is required to look over the claimant's records and perform a physical exam. Experts can testify as to whether exposure to asbestos lawyers was enough to trigger a specific medical condition like mesothelioma, lung cancer, or other types of scarring in the respiratory tract and lungs (e.g., pleural plaques).
It could be necessary to consult other experts, like industrial hygienists to determine the presence of asbestos exposure levels. They can utilize advanced sampling and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare them to the legal exposure standards.
These experts are also useful when defending companies who manufactured or distributed asbestos-related goods as they often have the capability of demonstrating that the levels of exposure of plaintiffs were below the legal limit and that there was no evidence of negligence by the employer or manufacturer liability.
Other experts who could be involved in these cases are environmental and occupational specialists. They can provide information into the safety guidelines that exist at a particular workplace or business, and how they connect to asbestos manufacturers' liability. They can determine, for instance, that renovation materials disturbed in the course of remodeling could contain asbestos or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to be released.
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