September, 2009
Behrens on Asbestos Legislation
In this clip, Shook Hardy & Bacon’s Mark Behrens, said the asbestos trusts will dominate the public debate over asbestos for the next several years. The presentation took place at HB’s National Asbestos Litigation Conference on September 27-29, 2009 at The Four Seasons Hotel in San Francisco. It was chaired by Joseph J. O’Hara of [...]
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Belluck on Asbestos Trusts
In this clip, conference co-chair Joseph Belluck of Belluck & Fox LLP phones in his thoughts on asbestos trusts. The presentation took place at HB’s National Asbestos Litigation Conference on September 27-29, 2009 at The Four Seasons Hotel in San Francisco. It was chaired by Joseph J. O’Hara of Owens-Illinois, Inc. and Michael J. Pietrykowski [...]
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Judge Davidson on Settlements & Common Law in Asbestos
In this clip, Hon. Mark Davidson of Houston said there is a risk of routine forcing of settlements, but clarified that he does NOT, of course, oppose settlement. His fear is that “if you only settle cases, then the common law won’t evolve.” He also said, at least in the asbestos arena, we’re turning into [...]
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Gordon of Weitz & Luxenberg on Asbestos Payments
In this clip, Robert Gordon of Weitz & Luxenberg, took issue with other speakers’ reports on the dollar amounts being paid to plaintiffs. He said payment are not increasing, but dwindling. He also took issue with claims of “double dipping” from both the trusts and the tort system – saying that’s an allegation applicable only [...]
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Haden of CRMC on Asbestos Trusts
In this clip, Larry Haden, president of the Claims Resolution Management Corporation, responding to an audience question, emphasized that the CRMC does not make policy – the asbestos trusts make policy. He went on to address processing of claims at the Manville Trust, TDPs, individual evaluations and foreign claims. The presentation took place at HB’s [...]
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Jubelirer of Schiff Hardin on Asbestos Trusts
In this clip, Eliot Jubelirer of Schiff Hardin LLP, says the asbestos trust system and tort system are two ships passing in the night and called for transparency in the trust system. The presentation took place at HB’s National Asbestos Litigation Conference on September 27-29, 2009 at The Four Seasons Hotel in San Francisco. It [...]
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Judges Kawaichi, McBride, Alusi on Asbestos Trusts
Hon. Ken Kawaichi, now with JAMS and an asbestos trustee himself, said with regard to requests for information from the trust that he would obey any court order for information. “If a court says produce the stuff, I will produce the stuff,” he said. “I don’t see what all the fuss is about.” Hon. James [...]
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Kelly of Alston & Bird on Dose Calculations
In this clip, Colin Kelly of Alston & Bird discussed retrospective dose calculation in the context of industrial hygiene. He defended claims that it’s junk science. “If this is junk science, then industrial hygiene is junk science,” he said. The presentation took place at HB’s National Asbestos Litigation Conference on September 27-29, 2009 at The [...]
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Prof. McGovern on Asbestos Trusts
In this clip, Francis McGovern, professor of Law at Duke University School of Law, responds to an audience question about estimating what a trust will pay when OCF for example when from 40 cents on the dollar to 10 cents on the dollar. The presentation took place at HB’s National Asbestos Litigation Conference on September [...]
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Kraus of Waters & Kraus on Exposure
In this clip, Peter Kraus of Waters & Kraus discussed approximate doses and the Texas Supreme Court’s Borg Warner decision which requires specific evidence of exposure as a substantial factor in causing the disease before getting to a jury. He said it’s a “very heavy burden that doesn’t exist in 49 other states.” He cited [...]
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