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Boulder asbestos attorney In order to defend businesses against asbestos-related lawsuits in the future, it is essential to look into the medical records of the plaintiff as well as their work history and witness. We often use the bare metal defense which focuses on arguing that your company did not make, sell or distribute the asbestos-containing products in question in the case of a claimant. Asbestos cases require an exclusive method and a persistent approach to get 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, this means the deadline for filing a lawsuit is between one and six years after a victim becomes diagnosed with an asbestos-related disease. It is crucial for the defense to prove that the injury was sustained after the deadline. In most cases, this involves conducting a thorough review of the plaintiff's work history, including interviews with former coworkers and the careful examination of Social Security, union, tax and other documents. Defending an asbestos case involves several complex issues. For instance, asbestos victims are more likely to develop a less serious illness such as asbestosis before being diagnosed with a fatal illness like mesothelioma. In these situations, a defense attorney will argue that the time limit for a statute of limitations should begin when the victim knew or reasonably ought to have realized that their exposure to asbestos caused the disease. The complexity of these cases is also exacerbated by the fact that the statute of limitations can differ from state to state. In these instances, a seasoned mesothelioma lawyer will attempt to file the case in a state where the majority of the alleged exposure took place. This may be a difficult task because asbestos victims frequently moved around the country to find jobs, and the claimed exposure could have occurred in several states. In addition, the process of discovery is a challenge in asbestos litigation. Asbestos litigation is more complicated than other personal injury cases. Instead of just a few defendants, as is the case in most cases, there are typically several parties involved. It is often difficult to obtain significant information when there are multiple defendants and the plaintiff's theory stretches over decades. The McGivney, Kluger, Clark & Intoccia team has extensive experience serving as National Coordinating Counsel in multi-district and multi-jurisdictional asbestos litigation. We collaborate closely with local and regional counsel to formulate a strategy for litigation, manage local counsel and get consistent, cost-effective results in accordance with client objectives. We regularly appear before coordination and trial judges as well as litigation special masters, in jurisdictions across the country. Bare Metal Defense In the past, makers of turbines, boilers, pumps and valves have defended themselves against asbestos lawsuits using the “bare metal” doctrine or the component part doctrine. This defense states that a company cannot be held responsible for asbestos-related injuries resulting from replacement components that the company did not make or install. In the case Devries v. Tennessee Eastman Chemical, an Tennessee Eastman Chemical plant employee sued several equipment manufacturers over his mesothelioma. The job of the plaintiff was to remove and replacement of steam traps, insulation and gaskets on equipment like pumps, valves and steam traps (Equipment Defendants). He claimed asbestos exposure occurred during his time at the plant and was diagnosed with mesothelioma several years later. The Supreme Court's Devries decision has changed the landscape of asbestos litigation, and could influence the way courts in other jurisdictions tackle the issue of third-party components manufacturers incorporate into their equipment. The Court said that this use 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 are not maritime. This was the first time that a federal appellate court used the bare-metal defense in a case involving asbestos, and it's a significant departure for traditional product liability laws. Most courts have interpreted this “bare metal” defense as a rejection of the obligation of a manufacturer to warn consumers about the harm caused by replacement parts that it did not create or sell. The McGivney, Kluger, Clark & Intoccia team regularly serves as National Coordinating Counsel for clients in multi-jurisdictional, industry-wide asbestos litigation. We assist our clients to develop litigation strategies, manage regional and local counsel, and ensure a an effective, cost-effective and consistent defense in coordination with their objectives. Our attorneys also present at industry conferences on major issues shaping asbestos litigation. Our firm's experience includes defending clients across the nation and collaborating with coordinating judges and trial courts, as well as special masters. Our unique strategy has proven effective in decreasing our clients' risk and legal costs. Expert Witnesses A person with specialized knowledge, skills or experience can be an expert witness. They offer independent assistance to courts by providing an objective opinion on matters within their field 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 matters which 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 illness and the identification of any connection between their condition and a known source of exposure. A lot of the illnesses that are caused by asbestos are complicated and require the expertise of specialists. This can include nurses and doctors, pharmacists, toxicologists or epidemiologists, occupational health specialists, and pharmacists. In the event of a prosecution or defence the expert's job is to provide objective technical assistance. He is not expected to assume the role of an advocate and should not try to influence or convince a jury to support his client. The obligation to the court is greater than his duties to his client and he should not try to push a particular argument or find evidence to back it. The expert should cooperate with the other experts in attempting to reduce any technical issues at a very early stage and eliminate any irrelevant matters. The expert should also co-operate with the experts who instruct him in identifying areas of agreement and disagreement for the purpose of the joint statement of experts ordered by the court. The expert should at the conclusion of his examination chief, explain his conclusions and the reasons behind the conclusions in a manner that is easy to understand and clear. He should be prepared to answer questions posed by the judge or prosecution and be willing to answer all questions that are raised during cross-examination. Cetrulo LLP has extensive experience in defending clients involved in complex asbestos litigation that involves multiple parties and jurisdictions. Our lawyers can advise and manage national and regional defense counsel, as well as local and regional experts and witnesses. Our team is regularly in front of judges who are coordinating asbestos litigation across the country, as well as trial judges and special Masters. Medical Experts Due to the issues of latency that occur between asbestos exposure and onset of symptoms, expert witnesses play a significant role in any case that involves an asbestos-related injury. Asbestos cases typically involve complicated theories of injuries that can span decades and involve dozens or hundreds of defendants. It is almost impossible for a plaintiff to prove their case without the help of experts. Experts in the field of medicine and other science are needed to evaluate the extent of an individual's exposure and medical condition as well as to provide insight into future health issues. Experts like these are essential to any case, and they must be thoroughly examined and knowledgeable in the field they are working in. The more experience an expert in science or medicine has, the more persuasive they will be. Asbestos cases typically require an expert in science or medicine to analyze the claimant's medical records and conduct a physical examination. Experts can determine if asbestos exposure caused a specific medical condition, for example, mesothelioma or lung cancer. Other experts, such as industrial hygienists may be required to aid in determining the existence of asbestos-related exposure levels. They can use advanced sampling and analytical techniques to evaluate airborne asbestos levels in the workplace or at home and compare these levels to legal exposure standards. These types of experts are also useful when defending companies who manufactured or distributed asbestos-related goods as they are often capable of proving that the exposure levels of plaintiffs were lower than the legal limit and that there was no evidence of negligence by the employer or the manufacturer's responsibility. Other experts that could be involved in these cases include occupational and environmental experts. They can provide insights into the safety procedures that exist at a particular work site or company and how they relate to the liability of asbestos producers. These experts can be able to, for instance, prove that renovation materials disturbed in the course of remodeling could contain asbestos or that shaking contaminated clothing could cause asbestos fibers and asbestos dust to escape.