Passaic asbestos attorneys
In order to defend companies against asbestos litigation in the future, it is essential to examine the medical records of the plaintiff as well as their work history, and testimony. We often use a bare metal defense, which focuses on proving that your company didn't manufacture or sell the products containing asbestos that are the subject of the claimant's lawsuit.
Asbestos cases require an exclusive method and a persistent strategy to achieve success. We are regional, local and national counsel.
Statute of limitations
The majority of lawsuits have to be filed within a specified time frame, also known as the statute of limitations. In asbestos cases, this means the statutory deadline for filing is between one and six years after the victim is diagnosed with an asbestos-related illness. In order to defend the case, it is important to establish that the alleged injury or death did occur prior to the timeframe. Often, this means conducting a thorough review of the plaintiff's employment background, including interviews with former colleagues and the careful review of Social Security, union, tax and other documents.
Defending an asbestos case involves several complex issues. Asbestos victims may suffer from a less severe disease, such as asbestosis, before being diagnosed with a fatal condition such as mesothelioma. In these cases the defense attorney will argue that the statute of limitation should begin when the victim realized or should have reasonably believed that exposure to asbestos causes their disease.
The difficulty of these cases is also exacerbated by the fact that the time limit for filing a lawsuit may vary between states. In these cases a mesothelioma lawyer who is experienced will attempt to bring the case in the state where the majority of the alleged exposure occurred. This can be a challenging task as asbestos sufferers frequently travel across the country looking for jobs, and the alleged exposure could have occurred in several states.
The discovery process is difficult in asbestos litigation. Asbestos litigation is more difficult than other personal injury cases. Instead of a handful of defendants in the majority of cases, there are typically several people involved. It is often 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 years of experience as National Coordinating Counsel for multi-district asbestos litigation, multi-jurisdictional. We work closely with regional and local counsel to develop strategies for litigation, manage local counsel, and achieve efficient and consistent results in coordination with client goals. We regularly appear before coordinating and trial judges and special masters of litigation, across the country.
Bare Metal Defense
Historically, manufacturers of turbine, boiler and pump equipment have successfully defended themselves against asbestos litigation by asserting an argument referred to as the "bare metal" or the component part doctrine. This defense states that a company cannot be held responsible for asbestos-related harms caused by replacement components that the company did not design or install.
In the case of Devries, an employee at a Tennessee Eastman chemical plant sued various equipment manufacturers over his mesothelioma. Plaintiff's work included the removal and replacement insulation, steam traps, and gaskets from equipment, such as pumps, valves, and steam traps. He claimed that asbestos was ingested while working at the plant, and was diagnosed with mesothelioma several years later.
The Supreme Court's Devries decision has changed the nature of asbestos litigation and may influence the way courts in other jurisdictions tackle the issue of third-party components manufacturers incorporate into their equipment. The Court declared that the application of the bare-metal defense is "cabined" in maritime law, but left open the possibility that other federal circuits to apply this doctrine to cases that aren't maritime.
This decision was the first time that a federal appeals court has applied the bare-metal defense in a lawsuit involving asbestos, and represents a significant departure from traditional product liability law. Most courts have interpreted "bare metal" as a rejection of the obligation of a manufacturer to inform about the dangers posed by replacement parts it did not manufacture or sale.
The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients who are involved in multi-jurisdictional asbestos litigation. We assist our clients in developing litigation strategies, manage local and regional counsel, and ensure an efficient, cost-effective defense in accordance with their goals. Our attorneys also present at industry conferences on key issues affecting asbestos litigation. Our firm has a long history of defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique approach has been effective in cutting down on our clients' exposure and legal costs.
Expert Witnesses
An expert witness is someone who is specialized in his skills, knowledge or experience and offers independent assistance to the court in the form of an objective opinion regarding issues that fall within his field of expertise. He must be able to clearly articulate the facts or assumptions on which his opinions are based and must not fail to consider matters which could detract from his concluded conclusions.
In the event that asbestos exposure is claimed medical experts may be required to help evaluate the claimant's condition and identify any causal connections between the condition and the alleged source of exposure. Many of the illnesses caused by asbestos are extremely complex, and require the expertise of experts in the field. This includes doctors, nurses, pharmacists, toxicologists, epidemiologists and occupational health professionals.
Experts are there to offer unbiased technical assistance, regardless of whether they represent the prosecution or the defence. He should not serve as an advocate or try to influence the jury to favor his client. He should not attempt to convince the jury or advocate for an argument.
The expert should collaborate with other experts to eliminate any issues that are peripheral and narrow down any technical issues. The expert should also work with those who instruct him to identify areas of agreement and discord for the joint statement of the expert commissioned by the court.
The expert should finish his examination, present his conclusions and the reasoning behind the conclusions in a manner that is easy to understand and clear. He should be ready to answer questions from either the judge or prosecution and be prepared to address all points 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 manage and counsel regional and national defense counsel as along with local, regional and expert witnesses and experts. Our team is regularly in front of trial judges, coordinating judges, and special masters in asbestos litigation across the country.
Medical Experts
Due to the latency issues that arise between asbestos exposure and beginning of symptoms Expert witnesses are a crucial part in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and involve dozens or hundreds of defendants. It is nearly impossible for a claimant to prove their case without the help of experts.
Experts in medicine and other sciences are required to assess the degree of exposure an individual has and medical condition as well as to provide insight into future health issues. Experts like these are essential to any case, and they must be thoroughly checked and educated about the subject. The more experience an expert in science or medicine has the more persuasive the expert will be.
In many asbestos cases an expert in medicine or a scientist is required to look over the claimant's records and perform an examination. Experts can verify whether asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer.
Other experts like industrial hygienists could also be needed to assist in establishing asbestos-related exposure levels. They can employ advanced sampling techniques and analytical methods to determine the amount of asbestos in the air in the workplace or at home and compare these to legal exposure standards.
These experts can also prove valuable when defending companies that manufactured or distributed asbestos-related products, as they often have the capability of proving that the levels of exposure of plaintiffs were within legal limits and that there was no evidence of employer negligence or manufacturer liability.
Other experts involved in these cases include environmental and occupational experts who can offer insights into the quality of safety protocols at a specific work site or company and how they relate to the liability of asbestos manufacturers. For instance, they can establish that the materials that are disturbed during a remodel are more likely to contain asbestos or shaking out clothing contaminated with asbestos can cause asbestos fibers release and then be inhaled.