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Asbestos Litigation Defense The defense of companies against asbestos litigation requires a thorough analysis of a plaintiff's history of work as well as medical records and evidence. We typically use the bare metal defense, which is focused on proving that your company was not able to manufacture or sell the asbestos-containing products in question in the claimant's case. Asbestos cases require a unique approach and a tenacious approach to achieve successful results. We are regional, local, and national counsel. Statute of limitations The statute of limitations is a time limit within which most lawsuits must be filed. For asbestos-related cases, this means the deadline for filing a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related illness. It is essential for the defense to show that the alleged injury occurred within the timeframe. In most cases, this involves reviewing the entirety of the plaintiff's past work history, which includes interviews with former coworkers and the careful examination of Social Security, union, tax and other records. Defending asbestos cases involves many complicated issues. For instance, asbestos victims are more likely to develop a less serious illness such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these cases the attorney representing the defense will argue the time limit should be set when the victim was aware or should have reasonably known that exposure to asbestos caused their disease. The complexity of these cases is exacerbated by the fact that the statute of limitations can vary between states. In these instances, an experienced mesothelioma lawyer may try to present the case in the state in which the majority of the exposure alleged to have taken place. This is a difficult job, since asbestos victims typically travel around the country looking for jobs, and the alleged exposure could have occurred in multiple states. Finally, the discovery process is a challenge in asbestos litigation. Hawthorne asbestos lawsuits is more difficult than other personal injury cases. Rather than a few defendants as in most cases, there are typically several parties involved. It can be difficult to obtain relevant discovery when there are multiple defendants and the plaintiff's claim is spanning decades. The McGivney, Kluger, Clark & Intoccia Team has extensive experience as National Coordinating Counsel for multi-district asbestos litigation that spans multiple jurisdictions. We work closely with local and regional counsel to formulate a strategy for litigation as well as manage local counsel and get consistent, cost-effective results in line with the client's goals. We regularly appear before coordinating and trial judges as well as special masters of litigation, across the country. Bare Metal Defense The past has seen manufacturers of boilers, turbines and pump equipment have successfully defended themselves against asbestos litigation by claiming an argument referred to as the “bare metal” or the component part doctrine. This defense states that a company is not responsible for asbestos-related injuries resulting from replacement parts they did not design or manufacture. In the case of Devries, an employee of the Tennessee Eastman chemical plant sued several equipment manufacturers to treat his mesothelioma. Plaintiff's job entailed the removal and replacement of insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed he was exposed to asbestos when working at the plant, and was diagnosed with mesothelioma a few years later. The Supreme Court's decision in Devries has changed the course of asbestos litigation. It could impact the way courts in other jurisdictions deal with the issue of liability for third-party components added to equipment by manufacturers. The Court declared that the application of the bare metal defense is “cabined” in maritime law, but left open the possibility of other federal circuits to apply this doctrine to cases that aren't maritime. This decision was the first time that an appeals court of the federal level has applied the bare-metal defense in a asbestos lawsuit and is a significant departure from traditional product liability law. The majority of courts have interpreted the “bare metal” defense as a rejection of the obligation of a manufacturer to warn consumers about the harm caused by replacement parts that it did not create or sell. The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We help our clients develop strategies for litigation, manage local and regional counsel, and provide consistent, cost-effective defense in coordination with their goals. Our attorneys present at industry conferences on major issues that affect asbestos 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 method has proven to be effective in reducing legal spend for our clients. Expert Witnesses A person who has specialized knowledge, skills or experience can be an expert witness. They provide independent assistance to courts by providing an objective opinion on issues within their expertise. He must be able to clearly articulate the facts or assumptions upon which his opinions are based and should not be oblivious to consider issues that could detract from his concluded opinions. 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. A lot of the illnesses associated with asbestos are complex and require the expertise of specialists. This includes doctors and nurses, pharmacists, toxicologists or occupational health specialists, epidemiologists and pharmacists. Experts are there to provide unbiased technical assistance, regardless of whether they represent the prosecution or the defense. He should not act as an advocate or try to influence the jury in favor of his client. He should not try to convince the jury or make an argument. The expert should collaborate with the other experts to resolve any peripheral issues and reduce any technical issues. The expert should also work with those who are instructing him to determine areas of agreement and disagreement for the joint declaration of the expert commissioned by the court. The expert must, at the end of his examination chief, discuss his conclusions as well as the reasoning behind them in a manner that is easy to understand and clear. He is expected to be able to respond questions from the prosecution or judge and should be prepared to discuss any issues that are raised on cross-examination. Cetrulo LLP is well versed in protecting clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers are able to manage and counsel regional and national defense counsel, as along with local, regional and expert witnesses and experts. Our team appears regularly before coordinating judges in asbestos litigation across the nation and also before trial judges and special Masters. Medical Experts Due to the latency issues that arise between asbestos exposure and appearance of symptoms Expert witnesses are a crucial part in any case involving an asbestos-related injury. Asbestos cases often involve complex theories of injury that can span decades and involve hundreds or even dozens of defendants. Due to this, it is almost impossible for a plaintiff to establish their case without the assistance of experts. Experts in the fields of medicine and other sciences are required to determine the extent of a person's exposure and their medical condition, as well as provide information on future health issues. These experts are crucial to any case, and they should be thoroughly vetted and knowledgeable in the field they are working in. The more experience a medical or scientific expert has, the more persuasive they will be. In many asbestos cases an expert in medicine or a scientist is required to examine the records of the claimant as well as perform a physical exam. These experts can testify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer. Other experts, such as industrial hygienists could be required to aid in establishing asbestos-related exposure levels. They can utilize advanced sampling and analytical methods to determine the amount of asbestos in the air in a workplace or home and compare these levels to legal exposure standards. These experts can be beneficial in defending companies that produce or distribute asbestos-related goods. They are usually capable of proving that plaintiffs' exposure levels were lower than the limits set by law and that there was not evidence of negligence on the part of the employer or manufacturer liability for the product. Other experts who may be involved in these instances are occupational and environmental specialists. They can provide insights into the safety protocols which are in place at a particular workplace or company and how they connect to the liability of asbestos producers. These experts could determine, for instance, that renovation materials disturbed in the course of a remodel could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to release.