Asbestos Litigation Defense


To defend companies against asbestos-related lawsuits and claims, it is essential to examine the medical records of the plaintiff as well as their work history and testimony. We typically employ a naked metal defense, which focuses on proving that your company did not manufacture or sell the products containing asbestos at issue in the claimant's lawsuit.

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

Statute of Limitations

The statute of limitations is a time limit within which most lawsuits must be filed. In asbestos cases, the deadline for filing an action is between one and six years after a person is diagnosed with an asbestos-related illness. In order to defend the case, it is important to establish that the alleged accident or death did not occur within this deadline. Often, this requires an exhaustive review of the plaintiff's past work history, which includes interviews with former coworkers as well as the careful review of Social Security, union, tax and other records.

The process of defending asbestos cases involves many complicated issues. Asbestos-related victims can develop a mild illness, such as asbestosis, before they are diagnosed with a fatal illness like mesothelioma. In these instances, a lawyer for defense will argue that the statute of limitations should start when the victim knew or reasonably ought to have realized that their exposure to asbestos caused the disease.

The complexity of these cases is made more difficult by the fact that the statute of limitations may differ between states. In these instances an experienced mesothelioma lawyer will try to file the case in the state where the majority of the alleged exposure occurred. This can be a daunting task, as asbestos victims often move around the country to find work, and the exposure could have occurred in a variety of states.

The discovery process can be difficult in asbestos litigation. In contrast to other personal injury cases, which usually involve only a few defendants, asbestos-related litigation usually involves a number of defendants. This means it can be difficult to get meaningful discovery in these cases, especially when the plaintiff's theory of injuries spans decades and binds many defendants.

The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We work closely with regional and local counsel to develop litigation strategies, manage local counsel, and achieve consistent and cost-effective results while coordinating with the goals of our clients. We regularly appear before coordination and trial judges, as well as special masters of litigation, across the country.

Bare Metal Defense

In the past, makers of turbines, boilers, valves and pumps have defended themselves against asbestos lawsuits using what is referred to as "bare metal" doctrine or component part doctrine. This defense states that a manufacturer cannot be held accountable for asbestos-related injuries resulting from replacement components that the company didn't design or install.

In the case of Devries, a worker at an Tennessee Eastman chemical plant sued several equipment manufacturers to treat mesothelioma. The plaintiff's duties included the removal and replacement insulation, steam traps and gaskets from equipment, such as pumps, valves and steam traps. He claimed asbestos exposure occurred while working at the plant, and was diagnosed with mesothelioma a few years later.

The Supreme Court's Devries decision has changed the landscape of asbestos litigation and could affect the way courts in other jurisdictions tackle the issue of third-party parts that manufacturers incorporate into their equipment. The Court stated that this application of the bare-metal defense was "cabined" in maritime law but left open the possibility for other federal circuits to apply this doctrine to cases that aren't maritime.

This was the first time that a federal appellate court used the"bare-metal" defense in an asbestos case, and it is a significant departure for traditional product liability laws. The majority of courts have understood "bare metal" as a denial of the responsibility of a maker to warn about harms caused by replacement parts it did not make or sell.

The McGivney, Kluger, Clark & Intoccia team frequently serves as National Coordinating Counsel for clients in industry-wide, multi-jurisdictional asbestos litigation. We assist our clients to develop litigation strategies, manage regional and local counsel, and ensure an efficient, cost-effective defense in line with their goals. Our attorneys also present at conferences for industry professionals on the key issues affecting asbestos litigation. Our firm's experience includes representing clients in every state and collaborating with coordinating judges, trial courts and litigation special masters. Our unique method has proven successful in reducing legal expenses for our clients.

Expert Witnesses

An expert witness is one who has specific expertise, knowledge or experience and provides independent assistance to the court by way of an impartial opinion on matters of his field of expertise. He should be able to clearly express his opinion and the facts or assumptions he is basing it on. He should also not overlook any aspect that could affect his conclusions.

In cases where asbestos exposure is alleged, medical experts may be required to evaluate the claimant's condition and to determine any causal link between the condition and the identified source of exposure. A lot of the diseases associated with asbestos are very complicated, requiring the expertise of experts in the field. This could include doctors and nurses as well as toxicologists, pharmacists epidemiologists, occupational health specialists and pharmacists.

Whether it is the prosecution or defence the expert's job is to provide impartial technical assistance. He should not assume the role of an advocate, nor should he seek to influence or convince the jury in favour of his client. El Cajon asbestos attorneys should not try to convince jurors or promote an argument.

The expert should co-operate with the other experts in trying to resolve any technical issues at a very early stage and eliminate any other peripheral matters. The expert should also collaborate with those who are instructing him to pinpoint areas of agreement and disagreement for the joint declaration of expert ordered by the court.

The expert should, at the end of his examination chief, discuss his conclusions as well as the reasons behind them in a way that is clear and easy to comprehend. He should be prepared to answer questions from either the judge or the prosecution, and be able to answer all questions raised during cross-examination.

Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation involving multiple parties and jurisdictions. Our attorneys can manage and counsel regional and national defense counsel as well as local regional, expert witnesses and experts. Our team regularly appears before judges who are coordinating asbestos litigation across the country and also before trial judges and special Masters.

Medical Experts

Due to the latency issues that occur between asbestos exposure and the appearance of symptoms experts are a crucial part in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injury that can span decades and involve dozens or even hundreds of defendants. This is why it is nearly impossible for a plaintiff to prove their case without the assistance of experts.

Medical and other experts in the field are required to determine the extent of an individual's exposure, evaluate their medical conditions and provide information about possible health issues that could arise in the future. These experts are crucial to any case and should be thoroughly checked and knowledgeable of the field of study. The more experience an scientist or doctor has the more convincing he is.

In a majority of asbestos cases, an expert in medicine or a scientist is required to examine the claimant's records and perform an examination. These experts can testify whether asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer.

Other experts, such as industrial hygienists could be required to aid in determining the existence of asbestos-related exposure levels. They can utilize sophisticated analytical and sampling techniques to determine the amount of asbestos in the air at a workplace or home with the standards for exposure that are legally required.

These types of experts are also useful when defending companies that manufactured or distributed asbestos-related products as they can often be able of proving that the exposure levels of plaintiffs were below the legal limit and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility.

Other experts in these instances include environmental and occupational experts who can provide insights into the quality of safety protocols at a given work site or company and how such protocols are related to asbestos manufacturers' liability. These experts can be able to, for instance, prove that renovation materials damaged during the course of a remodel could contain asbestos or that shaking contaminated clothing could cause asbestos dust and asbestos fibers to escape.