Asbestos Litigation Defense


In order to defend companies against asbestos litigation and claims, it is essential to look into the plaintiff's medical records, work history and testimony. We typically use the bare metal defense, which is focused on proving that your company did not make or sell the asbestos-containing products that are at issue in the case of a claimant.

Asbestos cases are distinct and require an aggressive approach to achieving successful results. We are regional, local, and national counsel.

Statute of Limitations

The statute of limitations is a period within which the majority of lawsuits have to be filed. In asbestos cases the deadline to file a lawsuit is between one and six years after the victim is diagnosed with an asbestos-related condition. It is important for the defense to prove that the alleged injury occurred after the deadline. In most cases, this involves an exhaustive review of the plaintiff's work background, including interviews with former coworkers as well as the careful review of Social Security, union, tax and other documents.

In defending asbestos cases, there are a variety of complex issues. For instance, asbestos victims typically develop a less serious illness such as asbestosis before being diagnosed with a fatal disease such as mesothelioma. In these instances the defense attorney will argue the statute of limitation should begin when the victim knew or ought to have known that exposure to asbestos caused the disease.

The complexity of these cases is complicated by the fact that the time limit for filing a lawsuit may differ from state to state. In these cases, an experienced lawyer for mesothelioma will try to present the case in the state where the bulk of the exposure is believed to have taken place. This can be a challenging task because asbestos victims frequently moved around the country to obtain jobs, and the claimed exposure could have occurred in multiple states.

In addition, the process of discovery is difficult in asbestos litigation. In contrast to other personal injury cases, which typically involve only a few defendants, asbestos-related litigation typically includes dozens or more parties. It can be difficult to get meaningful information when there are multiple defendants and the plaintiff's theory 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 regional and local counsel to develop strategies for litigation and manage local counsel and produce consistent and cost-effective results that align with client goals. We regularly appear before coordinating and trial judges, as well as special masters of litigation across the nation.

Bare Metal Defense

The past has seen manufacturers of boiler, turbine and pump and valve equipment have sought to defend themselves in asbestos litigation by asserting the defense referred to as the "bare metal" or component part doctrine. This defense holds that a manufacturer cannot be held responsible for asbestos-related injuries resulting from replacement components that the company did not make or install.

In the case of Devries, a worker at an Tennessee Eastman chemical plant sued several equipment manufacturers to treat 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 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 shifted the landscape of asbestos litigation and could impact the way courts in other jurisdictions address the issue of liability for third-party components added to equipment by manufacturers. The Court said that the application of the bare-metal defense in this context is "cabined" to maritime law, but left open the possibility that other federal circuits could apply this doctrine to cases that are not maritime also.

This decision was the first time a federal appeals court used the defense of bare metal in a asbestos lawsuit and represents an important departure from the traditional product liability law. The majority of courts have understood "bare metal" as a denial of the obligation of a manufacturer to inform about the potential harms caused by replacement parts it did not manufacture or sale.

The McGivney, Kluger, Clark & Intoccia Team frequently serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that impact the entire industry. We assist our clients to develop strategies for litigation, oversee regional and local counsel and provide an effective, cost-effective and consistent defense that is in line with their objectives. Our lawyers also speak at industry conferences about important issues that influence asbestos litigation. Our firm's experience includes representing clients in every state and working closely with the coordinating judges and trial courts, as well as special masters. Our unique approach has been successful in reducing our clients' exposure and legal costs.

Expert Witnesses

An expert witness is a person who has specific skills, experience or knowledge and offers independent assistance to the court in the form of an objective opinion regarding issues that fall within his area of expertise. He should clearly state the facts or assumptions upon which his opinions are based and must not fail to look into matters that might affect his opinions.

In cases involving allegations of exposure to asbestos, medical experts are often called upon 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. Many of the illnesses that are caused by asbestos are complicated, requiring the expertise of specialists in the field. This could include doctors and nurses, pharmacists, toxicologists or epidemiologists, occupational health specialists, and pharmacists.

In the event of a prosecution or defence the expert's job is to provide impartial technical assistance. Experts should not be an advocate or try to influence the jury to favor his client. He should not try to convince jurors or promote an argument.

The expert should co-operate with the other experts when attempting to narrow any technical issues at a very early stage and eliminate any irrelevant issues. The expert should also work with the people who instruct him in identifying areas that are in agreement and areas of disagreement for the reason of the joint statement of experts commissioned by the court.

The expert must at the conclusion of his examination chief, discuss his conclusions and the reasons for them in a way that is clear and understandable. He is expected to be able to respond questions from the prosecution or the judge and should be prepared to address any points which are raised during cross-examination.

Cetrulo LLP is well versed in the defense of clients in complex, multi-party, multi-jurisdictional asbestos litigation. Our lawyers can advise and manage national and regional defense counsel and regional and local experts and witnesses. Our team appears regularly before the asbestos litigation judges who coordinate across the nation as well as trial judges and special Masters.

Medical Experts

Expert witnesses are vital in cases involving asbestos-related injuries due to the latency between exposure to asbestos and onset symptoms. Asbestos cases often involve complex theories of injuries that can span decades and involve hundreds or dozens of defendants. It is nearly impossible for a claimant to prove their case without the help of experts.

Experts in the field of medicine and other science are required to determine the extent of an individual's exposure and their medical condition, as well as to give insight into the future health issues. Experts like these are essential to any case and must be thoroughly checked and knowledgeable of the subject matter. The more experience an expert in medicine or science has the more persuasive he will be.

Camden asbestos lawsuit require a medical or scientific expert to review the medical records of the plaintiff and conduct a physical exam. These experts can testify as to whether the claimant's exposure asbestos was enough to cause an illness that is specific to him, like mesothelioma or lung cancer, or other forms of scarring in the lungs and respiratory tract (e.g. plaques in the pleural cavity).

Other experts, such as industrial hygienists might be required to aid in establishing asbestos-related exposure levels. They can utilize advanced sampling and analytical techniques to assess the levels of asbestos in the air in a home or workplace and compare these levels to legal exposure standards.

They can be useful in defending companies that produce or distribute asbestos-related products. They are often capable of proving that the exposure levels of plaintiffs were below the legal limits, and that there was no evidence of negligence by the employer or manufacturer liability for the product.

Other experts who could be involved in these cases include occupational and environmental 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. These experts can be able to, for instance, prove that the materials used in the course of remodeling could contain asbestos or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to escape.