sproutplot14

Asbestos Litigation Defense The defense of companies against asbestos litigation requires a thorough examination of the plaintiff's employment history, medical records and testimony. We typically use the bare-metal defense, which is focused on proving that your company was not able to manufacture or sell the asbestos-containing products that are at issue in a claimant's case. Asbestos cases are special and require a tenacious approach to achieve successful results. We serve as local, regional and national counsel. Statute of limitations The statute of limitations is a time limit within which the majority of lawsuits have to be filed. In asbestos cases the deadline for filing a lawsuit is between one and 6 years after a person is diagnosed with an asbestos-related disease. It is crucial for the defense to show that the injury occurred within the timeframe. Often, this means conducting a thorough review of the plaintiff's work history, which includes interviews with former coworkers as well as the careful review of Social Security, union, tax and other records. In defending an asbestos-related case, there are a number of complex issues. Asbestos-related victims can suffer from a less severe disease, such as asbestosis, prior to 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 was aware or ought to have known that exposure to asbestos causes the disease. These cases are made more complex by the fact the statute of limitations can vary from state to state. In these cases an experienced mesothelioma lawyer may try to file the case in the state where the bulk of the alleged exposure took place. This may be a difficult task because asbestos victims often moved across the country to find jobs, and the claimed exposure may have taken place in multiple states. The process of discovery can be difficult in asbestos litigation. Contrary to other types of personal injury cases, which usually contain only a few defendants, asbestos-related litigation typically involves dozens or more parties. It can be difficult to get meaningful information 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 that spans multiple jurisdictions. We work closely with local and regional counsel to develop litigation strategies, manage local counsel, and produce consistent and cost-effective results while coordinating with client goals. We regularly appear before the trial judge and coordinating judge, as well as litigation masters, across the country. Bare Metal Defense Historically, manufacturers of boilers, turbines and pump and valve equipment have sought to defend themselves in asbestos litigation by asserting a defense known as the “bare metal” or the component part doctrine. This defense argues that a manufacturer cannot be held accountable for asbestos-related injuries resulting from replacement components that the company did not design or install. In the case of Devries, an employee of the 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 that he had been exposed to asbestos during his work in the plant and was diagnosed with Mesothelioma several years afterward. The Supreme Court's Devries decision has altered the legal landscape for asbestos litigation, and could influence how courts in other jurisdictions tackle the issue of third-party components that manufacturers add to equipment. The Court stated that this 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 was the first time a federal appellate court used the”bare-metal” defense in a case involving asbestos and it's a significant departure for traditional law regarding product liability. The majority of courts have interpreted the “bare metal” defense as a rejection of the responsibility of a manufacturer to warn consumers about the harm caused by replacement parts they did not make or sell. The McGivney, Kluger, Clark & Intoccia Team regularly serves as National Coordinating Counsel in multi-jurisdictional asbestos lawsuits that affect the entire industry. We assist our clients in developing strategies for litigation, oversee regional and local counsel, and achieve an efficient, cost-effective defense in coordination with their goals. Our attorneys also present at conferences for industry professionals on the major issues shaping asbestos litigation. Our firm's experience includes representing clients across the nation and collaborating with the coordinating judges, trial courts and litigation special masters. Our unique method has proven successful in reducing our clients' exposure and legal costs. Expert Witnesses A person with specific expertise, experience or knowledge is an expert witness. They offer independent assistance to courts by providing an objective opinion on issues within their field of expertise. He should be able to clearly express his opinions and the evidence or assumptions he's basing it on. He should not overlook any aspect that could affect his conclusions. In cases that involve allegations of exposure to asbestos, medical experts are often required to assist in the assessment of the claimant's health and the identification of any connection between their condition and a known source of exposure. A lot of the diseases that are caused by asbestos are complex, and require the expertise of experts in the field. This could include pharmacists, doctors, nurses toxicologists, epidemiologists, and occupational health specialists. Experts are there to offer impartial technical assistance, whether they are representing the prosecution or the defense. Experts should not be an advocate or try to influence the jury in favor of his client. He should not try to convince jurors or promote an argument. The expert should co-operate with the other experts when trying to reduce any technical issues at an early stage and eliminate any peripheral issues. The expert should also cooperate with those instructing him in identifying areas of agreement and disagreement to serve the reason of the joint statement of experts commissioned by the court. The expert must at the conclusion of his examination chief, explain his conclusions as well as the reasons behind them in a way that is easy to understand and clear. He should be prepared to answer questions posed by the judge or prosecution and be able to discuss all issues that are raised during cross-examination. Cetrulo LLP is well versed in defending clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our attorneys can assist and advise regional and national defense counsel, as along with local regional, expert witnesses and experts. Our team appears regularly before the asbestos litigation judges who coordinate across the country and also before trial judges and special Masters. Medical Experts Due to the issues of latency that occur between asbestos exposure and the appearance of symptoms experts play a significant role in any case that involves an asbestos-related injury. Asbestos cases often involve complex theories of injuries that stretch for decades and connect hundreds or even dozens of defendants. This is why it's nearly impossible for a plaintiff to establish their case without the help of experts. Experts in the fields of medicine and other sciences are required to determine the extent of a person's exposure and their medical condition, and also to give insight into the future health issues. These experts are vital to any case, and they must be thoroughly checked and knowledgeable in the relevant field. The more experience an scientist or doctor has the more convincing the expert is. In Albany asbestos attorney of asbestos cases, an expert in medicine or a scientist is required to examine the claimant's records and perform an examination. Experts can testify to whether exposure to asbestos was enough to cause a specific medical condition like mesothelioma or lung cancer, or other forms of scarring that affects the lungs and respiratory tract (e.g., pleural plaques). Other experts like industrial hygienists might also be needed to assist in establishing the existence of asbestos-related exposure levels. They can employ advanced analytical and sampling methods 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 are also useful when defending companies who manufactured or distributed asbestos-related products as they often have the capability of proving that the exposure levels of plaintiffs were lower than legal limits and that there was no evidence of employer negligence or the manufacturer's responsibility. Other experts in these instances include environmental and occupational specialists who can provide insights into the quality of safety protocols at a given work site or company and how these protocols relate to the liability of asbestos manufacturers. These experts can determine, for instance, that the materials used in a remodel project may contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to release.