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Asbestos Litigation Defense Defending companies from asbestos litigation requires a thorough analysis of the plaintiff's employment history and medical records, as well as testimony. We typically use the bare metal defense, which is focused on proving that your company did not make, sell or distribute the asbestos-containing products in question in the claimant's case. Asbestos cases require a distinctive method and a persistent approach to achieve successful results. We are regional, local and national counsel. Statute of Limitations The statute of limitations is a period within which lawsuits are required to be filed. In asbestos cases, the deadline for filing an action is between one and 6 years after a person is diagnosed with an asbestos-related illness. It is essential for the defense to prove that the alleged injury occurred after the deadline. Often, this requires an exhaustive review of the plaintiff's employment background, including interviews with former coworkers as well as the careful examination of Social Security, union, tax and other records. In defending asbestos cases, there are a variety of complex issues. For instance, asbestos victims typically suffer from a less serious disease such as asbestosis before being diagnosed with a fatal disease like mesothelioma. In these cases, the defense attorney will argue the limitation period should start when the victim realized or ought to have known that asbestos exposure caused the disease. These cases are complicated due to the fact that the statute of limitations could vary from state to state. In these instances, an experienced mesothelioma lawyer will attempt to start the case in the state where the majority of the alleged exposure occurred. This can be a challenging job, since asbestos victims typically travel around the country in search of work, and the exposure could have occurred in multiple states. The discovery process isn't always easy in asbestos litigation. Unlike other types of personal injury cases, which often have only a handful of defendants, asbestos-related litigation typically involves a number of defendants. It can be difficult to obtain relevant discovery when there are many defendants, and the plaintiff's case is spanning decades. 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 a strategy for litigation as well as manage local counsel and achieve consistent, cost-effective results in accordance with the client's goals. We regularly appear before coordinating and trial judges and special masters of litigation, across the country. Bare Metal Defense In the past, producers of boilers, turbines pumps and valves have defended themselves from asbestos lawsuits by asserting what is known as “bare metal” doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries resulting from replacement parts they did not install or manufacture. In the case of Devries v. Devries, a Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The plaintiff's job 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 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 affect how courts in other jurisdictions address the issue of liability for third-party components that are incorporated to equipment by manufacturers. The Court said that the application of the bare metal defense in this instance is “cabined” to maritime law however, it left open the possibility that other federal circuits will apply this principle to non-maritime cases as well. This decision was the first time that an appeals court of the federal level has used the defense of bare metal in a asbestos lawsuit and is quite a departure from the norms of product liability law. Most courts have interpreted this “bare metal” defense as a way of avoiding the obligation of a company to warn consumers about the harm caused by replacement parts it did not create or sell. Santa Clarita asbestos lawsuits , 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, oversee local and regional counsel, and provide an effective, cost-effective and consistent defense in coordination with their goals. Our attorneys participate in industry conferences on important issues affecting asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with coordinating judges and trial courts, as well as special masters. Our unique strategy has proven successful in cutting down on our clients' exposure and legal costs. Expert Witnesses A person with specific expertise, skills or experience is an expert witness. They provide impartial assistance to courts by offering an impartial opinion on matters that are within their expertise. He must be able to clearly articulate the facts or assumptions on which his opinions are based and must not fail to look into matters that could detract from his concluded conclusions. In cases that involve allegations of exposure to asbestos, medical experts are often called upon to assist in the evaluation of the claimant's health and the determination of any causal link between their condition and a known source of exposure. Many of the diseases associated with asbestos are complex and require the expertise of experts. This can include nurses and doctors as well as toxicologists, pharmacists epidemiologists, occupational health specialists and pharmacists. If it's the defense or prosecution the role of an expert is to provide impartial technical assistance. He should not assume the role of advocate and should not try to influence or convince a jury in favour of his client. He should not attempt to convince the jury or make an argument. The expert should collaborate with other experts to resolve any issues that are peripheral and reduce any technical issues. The expert should also collaborate with those who instruct him to pinpoint areas of agreement and disagreement for the joint statement of the expert commissioned by the court. The expert should at the conclusion of his examination chief, discuss his conclusions as well as the reasoning behind the conclusions in a manner that is clear and easy to comprehend. 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 has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our lawyers are able to advise and manage regional and national defense counsel as well as regional and local experts as well as witnesses. Our team regularly appears before the coordinating judges, trial judges, and special masters in asbestos litigation across the nation. Medical Experts Expert witnesses are crucial in cases involving asbestos-related injuries due to the delay between exposure to asbestos and beginning symptoms. Asbestos cases typically involve complicated theories of injuries that stretch for decades and involve hundreds or dozens of defendants. It is almost impossible for a plaintiff to prove their case without the help of experts. Experts in medicine and other sciences are needed to evaluate the degree of exposure an individual has and their medical condition, and also to provide information on future health issues. These experts are crucial to any case, and must be thoroughly examined and knowledgeable in the relevant field. The more experience an expert in medical or scientific fields has the more persuasive they will be. Asbestos cases usually require an expert from a medical or scientific field 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 sufficient to cause an illness that is specific to him, like mesothelioma, lung cancer, or any other form of scarring that affects the respiratory tract and lungs (e.g. the pleural plaques). It may be necessary to consult with other experts, such as industrial hygienists to determine the presence of asbestos exposure levels. They can use advanced sampling techniques and analytical methods to evaluate airborne asbestos levels in a home or workplace and compare them to the legal exposure standards. Experts of this kind are also useful when defending companies who manufactured or distributed asbestos-related products as they are often capable of demonstrating that the exposure levels of plaintiffs were within legal limits and that there was no evidence of negligence by the employer or manufacturer responsibility. Other experts that could be involved in these cases are occupational and environmental experts. They can provide information into the safety procedures that exist at a particular workplace or company, and how they are related to asbestos manufacturers' liability. They can, for example, establish that renovation materials damaged during a remodel project may contain asbestos, or shaking clothing contaminated with asbestos could cause asbestos fibers and asbestos dust to be released.