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Asbestos Litigation Defense The defense of companies against asbestos litigation requires a thorough analysis of the plaintiff's employment history and medical records, as well as testimony. We often use a bare metal defense, which focuses on proving that your company didn't make or sell asbestos-containing products that are in the plaintiff's lawsuit. Asbestos cases require a distinctive method and a persistent approach to achieve successful results. We are 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 six years after a victim is diagnosed with an asbestos-related illness. In order to defend the case it is essential to prove that the claimed injury or death did not occur prior to the deadline. This often requires a thorough study and analysis of the plaintiff's employment history, including interviews of former coworkers, as well as a careful examination of Social Security and union records and tax, tax, and other documents. In defending an asbestos-related case, there are many complicated issues. Asbestos-related victims can suffer from a less severe disease, such as asbestosis, before they are diagnosed with a fatal disease such as mesothelioma. In these instances the defense attorney will argue that the time limit should be set when the victim knew or should have reasonably believed that exposure to asbestos caused the disease. These cases are made more complex due to the fact that the statute of limitations can differ from state to state. In these cases, an experienced mesothelioma lawyer may try to bring the case to a state where the majority of the exposure is believed to have taken place. This is a difficult task, as asbestos victims often move around the country looking for work and the alleged exposure could have occurred in several states. Finally, the discovery process is challenging in asbestos litigation. In contrast to other types of personal injury cases, which usually involve only a few defendants, asbestos-related litigation usually involves a number of defendants. It can be difficult to find a relevant evidence in these cases, particularly when the plaintiff's theory of injuries spans decades and involves several different defendants. 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 a strategy for litigation as well as manage local counsel and obtain consistent, cost-effective outcomes in line with the client's goals. We regularly appear before coordinating and trial judges, as well as litigation special masters, in jurisdictions across the country. Bare Metal Defense In the past, producers of boilers, turbines, valves and pumps have defended themselves from asbestos lawsuits using what is referred to as “bare metal” doctrine or the component part doctrine. This defense asserts that a manufacturer is not responsible for asbestos-related injuries resulting from replacement parts that they did not install or manufacture. In the case of Devries, a worker at the Tennessee Eastman chemical plant sued various equipment manufacturers over mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on equipment such as pumps, valves and steam traps (Equipment Defendants). He claimed that he had been exposed to asbestos during his work in the plant and was diagnosed with mesothelioma a few years later. The Supreme Court's Devries decision has altered the nature of asbestos litigation and could affect how courts in other jurisdictions tackle the issue of third-party components that manufacturers include in their equipment. The Court stated that the application of the bare metal defense in this case is “cabined” to maritime law, but left open the possibility that other federal circuits will apply this doctrine to non-maritime cases as well. This ruling was the first time that a federal appeals court applied the bare-metal defense in a asbestos lawsuit and represents an important departure from the traditional product liability law. The majority of courts have interpreted the “bare metal” defense as a rejection of the responsibility of a manufacturer to warn about harm caused by replacement parts that they did not make or sell. The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We help our client develop strategies for litigation, oversee local and regional counsel and provide a consistent, cost-effective defence in line with their goals. Our attorneys speak at conferences for industry professionals on the most important 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 approach has proven to be effective in reducing exposure and legal costs for our clients. Expert Witnesses An expert witness is one who has specialized expertise, knowledge or experience and offers independent assistance to the court by way of an objective opinion regarding matters within his area of expertise. He must be able to clearly articulate the facts or assumptions on the basis of his opinion and must not fail to consider issues that could detract from his concluded conclusions. In cases involving allegations of exposure to asbestos, medical experts are often asked to assist in the assessment of the claimant's health and to determine if there is a connection between their condition and a known source of exposure. A lot of the illnesses associated with asbestos are complex and require the expertise of specialists. This can include pharmacists, doctors, nurses toxicologists, epidemiologists, as well as occupational health professionals. In the event of a prosecution or defence the role of an expert is to provide objective technical assistance. Experts should not be an advocate or attempt to influence the jury to favor his client. He should not try to convince jurors or advocate for an argument. The expert should work with other experts in attempting to reduce any technical issues at a very early stage and eliminate any peripheral issues. The expert should also co-operate with those instructing 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 should, at the end of his examination chief, discuss his conclusions as well as the reasoning behind the conclusions in a manner that is clear and easy to comprehend. Oklahoma City asbestos attorney 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 on cross-examination. Cetrulo LLP is well versed in the defense of clients in complex, multi-jurisdictional, multi-party asbestos litigation. Our attorneys can manage and counsel national and regional defense counsel, as in addition to local, regional and expert witnesses and experts. Our team is regularly in front of the coordinating judges, trial judges, and special masters in asbestos litigation across the nation. Medical Experts Expert witnesses are crucial in cases which involve asbestos-related injuries due the delay between exposure to asbestos and the initial symptoms. Asbestos cases frequently involve complex theories of injury that stretch for decades and link dozens or even hundreds of defendants. Because of this, it is nearly impossible for a plaintiff to establish their case without the assistance of experts. Medical and other scientific experts are necessary to assess the extent of a person's exposure, assess their medical conditions, and provide insight into the possibility of future health issues. Experts like these are essential in any case and should be thoroughly checked and knowledgeable of the subject matter. The more experience a medical or scientific expert has, the more persuasive they'll be. Asbestos cases typically require an expert from a medical or scientific field to review the medical records of the plaintiff and conduct a physical exam. These experts can testify whether asbestos exposure has caused a particular medical condition, like mesothelioma or lung cancer. Other experts, such as industrial hygienists may be required to aid in establishing the existence of asbestos-related exposure levels. They can employ advanced sampling and analytical techniques to determine the amount of asbestos in the air in the workplace or at home and compare these levels to legal exposure standards. Experts of this kind are also useful when defending companies that manufactured or distributed asbestos-related goods as they can often be able of demonstrating that the levels of exposure of plaintiffs were below legal limits and that there was no evidence of negligence on the part of the employer or the manufacturer's responsibility. Other experts in these cases include environmental and occupational specialists who can provide insights into the quality of safety protocols at a specific work site or company and how such protocols relate to the liability of asbestos manufacturers. These experts could be able to, for instance, prove that renovation materials disturbed in the course of remodeling could contain asbestos, or that shaking clothing contaminated by asbestos can cause asbestos dust and asbestos fibers to be released.