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Asbestos Litigation Defense In order to defend companies against asbestos-related lawsuits in the future, it is essential to review the medical records of the plaintiff, work history, and testimony. We typically employ a naked metal defense that focuses on the fact that your company didn't make, sell, or distribute asbestos-containing products at issue in the claimant's lawsuit. Asbestos cases are special and require a tenacious approach to achieving successful results. We are local, regional and national counsel. Statute of Limitations Most lawsuits must be filed within a specified time period, known as the statute of limitations. In asbestos cases the deadline for filing a lawsuit is anywhere between one and 6 years after a person is diagnosed with an asbestos-related disease. It is important for the defense to prove that the injury was sustained within the timeframe. This often requires a thorough study and analysis of the plaintiff's work background, including interviews with former coworkers, and a thorough study of Social Security and union records as well as tax and tax records. Defending an asbestos case involves several complex issues. For instance, asbestos victims typically develop a less serious illness like asbestosis prior to being diagnosed with a fatal illness like mesothelioma. In these situations, a lawyer for defense will argue that the limitation period should begin when the victim knew or reasonably ought to have known that their exposure to asbestos caused the disease. The difficulty of these cases is exacerbated by the fact that the statute of limitations can differ between states. In these instances a mesothelioma lawyer who is experienced will try to file the case in the state where the bulk of the alleged exposure occurred. This can be a challenging job, since asbestos victims frequently travel across the country in search of work and the alleged exposure could have occurred in several states. The process of discovery can be a challenge in asbestos litigation. Contrary to other personal injury cases, which usually have only a handful of defendants, asbestos-related litigation typically involves dozens or more parties. As a result, it is often difficult to obtain an accurate discovery in these cases, especially when the plaintiff's argument for injuries spans decades and connects several different defendants. The McGivney, Kluger, Clark & Intoccia team has extensive experience as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to develop litigation strategies and manage local counsel and achieve consistently cost-effective results while coordinating with client goals. We frequently appear in front of the trial judge and the coordinating judge as and litigation masters across the country. Bare Metal Defense In the past, producers of boilers, turbines, pumps and valves have defended themselves against asbestos lawsuits by arguing what is referred to as “bare metal” doctrine or the component part doctrine. This defense states that a manufacturer is not responsible for asbestos-related injuries caused by replacement parts that they did not design or manufacture. In the case Devries v. Tennessee Eastman Chemical, a Tennessee Eastman Chemical plant employee was suing several equipment manufacturers for his mesothelioma. The job of the plaintiff was to remove and replacement of insulation, steam traps and gaskets for equipment like valves, pumps and steam traps (Equipment defendants). He claimed that he had been exposed to asbestos while working in the plant and was diagnosed with Mesothelioma several years later. The Supreme Court's decision in Devries has altered the face of asbestos litigation, and may impact how courts in other jurisdictions deal with the issue of the liability of third-party components that are added to equipment by manufacturers. The Court declared that the use of the bare metal defense in this case is “cabined” to maritime law, but left open the possibility that other federal circuits could apply this principle to non-maritime cases as well. This was the first time that a federal appellate court used the bare-metal defense in a case involving asbestos and it's a major departure from the traditional product liability laws. The majority of courts have interpreted “bare metal” as a denial of the responsibility of a maker to warn about the dangers posed by replacement parts it did not make or sell. The McGivney, Kluger, Clark & Intoccia Team is regularly serving as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients to develop strategies for litigation, oversee local and regional counsel, and ensure a an efficient, cost-effective defense in coordination with their goals. Our lawyers are invited to participate in industry conferences on major issues that affect asbestos litigation. Our firm has experience in defending clients across the 50 states and working closely with trial courts, judges and litigation special masters. Our unique method has proven effective in reducing our clients' exposure and legal costs. Expert Witnesses An expert witness is a person who has specialized skills, knowledge or experience and can provide independent advice to the court with the aid of unbiased opinion concerning matters within his area of expertise. He should clearly state the facts or assumptions on which his opinion is based and should not be oblivious to look into matters that could detract from his concluded opinions. In cases involving allegations of exposure to asbestos, medical professionals are often asked to assist in the assessment of the claimant's health and the identification of any causal link between their condition and an identified source of exposure. Many of the ailments 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. Experts are there to offer unbiased technical assistance, regardless of whether they are representing 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 attempt to convince the jury or make an argument. The expert should collaborate with other experts to eliminate any issues that are peripheral and identify any technical issues. The expert should also cooperate with the people who instruct him in identifying areas of agreement and disagreement to serve the purpose of the joint declaration of experts ordered by the court. After completing his main examination the expert should be able to explain his conclusions and the reasons behind them in a clear and comprehensible manner. He should be able to answer questions posed by the judge or the prosecution, and be able to discuss all issues that were raised during cross-examination. Southfield asbestos lawyer has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers are able to assist and advise national and regional defense counsel, as well as local regional, expert witnesses and experts. Our team regularly appears before coordinating judges in asbestos litigation across the nation as well as trial judges and special Masters. Medical Experts Due to the issues of latency that occur between asbestos exposure and beginning of symptoms experts play a significant role in any case that involves an asbestos-related injury. Asbestos cases frequently involve complex theories of injury that can span decades and connect dozens or even hundreds of defendants. It is almost impossible for an individual to prove their case without the assistance of experts. Experts in medicine and other sciences are required to determine the extent of an individual's exposure and medical condition, and also to provide insight into future health issues. These experts are crucial to any case and must be thoroughly checked and educated in the relevant field. The more experience an expert in science or medicine has, the more persuasive they will be. In a majority of asbestos cases, an expert in medicine or a scientist is required to review the records of the claimant and conduct a physical exam. These experts can testify as to whether the claimant's exposure asbestos was sufficient to cause an illness that is specific to him, like mesothelioma, lung cancer, or other types of scarring in the lungs and respiratory tract (e.g. plaques in the pleural cavity). It could be necessary to consult with other experts, such as industrial hygienists, in order to determine the presence of asbestos exposure levels. They can use advanced analytical and sampling techniques to evaluate the asbestos concentrations in the air at the workplace or at home with the standards for exposure that are legally required. These experts can be beneficial in defending companies that produce or distribute asbestos-related goods. They often are capable of proving that the levels of exposure for plaintiffs were below the legal limits, and that there was no evidence of negligence on the part of the employer or product manufacturer responsibility. Other experts who could be involved in these cases are occupational and environmental experts. They can provide insights into the safety protocols which are in place at a particular workplace or business and how they connect to the liability of asbestos producers. For instance, these experts can establish that renovation materials disturbed during a remodel project are more likely to contain asbestos, or shaking out clothing contaminated with asbestos can cause asbestos fibers release and become inhaled.