Thursday-Friday, November 30-December 1, 2006 New Orleans (Loews Hotel)

Transcription

1 Sixth Annual Advanced Course of Study Asbestos Litigation in the 21st Century Thursday-Friday, November 30-December 1, 2006 New Orleans (Loews Hotel) SCOPE AND PURPOSE This annual advanced course of study, comprising 12 hours of instruction, addresses the reevaluation of the litigation that is taking place in all quarters as the result of the bruising political battle over federal legislation. There are a lot of asbestos conferences. This one has the first chair players covering all aspects of this complex litigation. The faculty not only speaks to ongoing developments, but also is in a position to suggest the likely future developments in the litigation as well as in filings, medicine, bankruptcy, and insurance. Intended for practitioners, inhouse counsel, insurers, investors, and others interested in asbestos litigation, this course offers upto-the-minute information on developments in state and federal courts, bankruptcy courts, the halls of Congress, and the state legislatures. Time is reserved throughout the program to address questions submitted by the registrants. Can t attend? written course materials PDFs of materials available for purchase and immediate download online at about four to six weeks after the course PLANNING CHAIRS (also on faculty) John D. Aldock, Goodwin Procter LLP, Washington, D.C. Steven Kazan, Kazan, McClain, Abrams, Fernandez, Lyons, Farrise & Greenwood, P.L.C., Oakland, California FACULTY David T. Austern, President, Claims Resolution Management Corporation, Falls Church, Virginia Bryan O. Blevins, Jr., Provost & Umphrey, L.L.P., Beaumont, Texas Lester Brickman, Professor of Law, Yeshiva University, Benjamin N. Cardozo School of Law, New York Brent W. Coon, Brent Coon & Associates, Beaumont, Texas Jeffrey S. Cooper, SimmonsCooper LLC, East Alton, Illinois Robert Cusumano, General Counsel and Secretary, ACE Limited, Hamilton, Bermuda Mark Davidson, 11th Civil District Court Judge and Asbestos MDL Judge, Houston B. Thomas Florence, Ph.D., President, Analysis, Research, Planning Consulting, Washington, D.C. Patrick M. Hanlon, Goodwin Procter LLP, Washington, D.C. Patricia A. Henry, Executive Vice President, Government Affairs and Legal, ACE INA, Philadelphia Deborah R. Hensler, Judge John W. Ford Professor of Dispute Resolution, Stanford Law School, Palo Alto, California Janis Graham Jack, U.S. District Judge, Corpus Christi, Texas Eliot S. Jubelirer, Morgenstein & Jubelirer LLP, San Francisco Ken M. Kawaichi, Neutral, JAMS, Walnut Creek, California; former California Superior Court Judge Anne M. Kearse, Motley Rice LLC, Mt. Pleasant, South Carolina Linda A. Lipsen, Senior Vice President for Public Affairs, Association of Trial Lawyers of America (American Association for Justice), Washington, D.C. Peter Van N. Lockwood, Caplin & Drysdale, Chartered, Washington, D.C. Elizabeth Wall Magner, U.S. Bankruptcy Judge, New Orleans Denise Neumann Martin, Ph.D., Senior Vice President, NERA Economic Consulting, New York John L. Mekus, Executive Director, Celotex Asbestos Settlement Trust, Wilmington, Delaware R. Thomas Radcliffe, Jr., DeHay & Elliston, L.L.P., Baltimore Joseph F. Rice, Motley Rice LLC, Mt. Pleasant, South Carolina David M. Schulte, Managing Partner, Chilmark Partners, L.L.C., Chicago Charles S. Siegel, Waters & Kraus, LLP, Dallas Reagan W. Simpson, King & Spalding LLP, Houston Joseph R. Slights, III, Superior Court Judge, Wilmington, Delaware (invited) Stephen M. Snyder, Snyder Miller & Orton LLP, San Francisco David A. Speziali, Speziali, Greenwald & Hawkins, P.C., Williamstown, New Jersey Stephen M. Tigerman, Harowitz & Tigerman, LLP, San Francisco Walter G. Watkins, Jr., Forman Perry Watkins Krutz & Tardy LLP, Jackson, Mississippi Charles A. Weaver, Professor of Psychology and Neuroscience, Baylor University, Waco, Texas Free ALI-ABA online

2 Program Asbestos Litigation in the 21st Century Thursday, November 30, :30 a.m. Registration and Continental Breakfast 8:30 a.m. Introductory Remarks and Course Overview Messrs. Aldock and Kazan 8:45 a.m. Asbestos Litigation Today and Tomorrow: Facts, Figures, Trends Messrs. Austern and Rice Is the downturn in filings the temporary result of the pending federal legislation? How many filings will there be in 2007? Where? What disease mix? 9:15 a.m. Tort Reform: Medical Criteria and More Professor Hensler, Mr. Hanlon, and Ms. Lipsen Since 2004, several states have enacted tort reform bills that have changed the landscape of asbestos litigation. In addition to establishing medical criteria, legislation (and sometimes judicial decisions) have limited or abolished joint and several liability, restricted trial consolidations while allowing pretrial consolidations, made forum shopping more difficult, and changed the standards for liability of premises defendants and distributors. What do these bills actually do? How have they worked in practice? What are plaintiffs doing to respond to these reforms? How are legal challenges faring? What is next? What are the prospects for tort reform in the next Congress? 9:45 a.m. Managing Asbestos Cases: Views from the Bench Judges Davidson, Jack, and Slights (invited) Asbestos judges in Texas and Delaware and the federal judge who addressed the asbestos/silica scandal discuss asbestos case management. 10:30 a.m. Networking Break 10:45 a.m. The Lung Cancer Debate Messrs. Blevins and Speziali In 2006, a Texas court of appeals held that expert testimony finding a causal connection between lung cancer and asbestos exposure in the absence of underlying asbestosis should be excluded as unreliable. Does this portend a new chapter in the longstanding controversy over lung cancer causation? What is the state of the medicine? 11:30 a.m. The Past Recaptured: Proving Exposure after All These Years Messrs. Coon and Jubelirer and Dr. Weaver Asbestos cases frequently involve longago exposures, which are inherently difficult to prove or disprove. This session examines techniques for proving exposure and for challenging exposure evidence. 12:15 p.m. Lunch Break 1:30 p.m. Developments: Premises Liability and Beyond Messrs. Siegel and Simpson There have been a number of developments in the law governing the duties of premises owners or employers. The Supreme Courts of Delaware and California have both issued decisions trying to clarify state law regarding an owner s duty to the employees of independent contractors. To what extent have they succeeded? What will the effect of those decisions be? Several courts have now addressed whether employers or premises owners have a duty to family members exposed to asbestos brought home by a worker, with New Jersey favoring the plaintiff, New York and Georgia favoring the defendant, and Texas still undecided. What is the state of the law on secondary exposure? What are the prospects of extending these rulings to product defendants? 2:15 p.m. Significant Developments in Friction Products and Electrical Equipment Litigation Ms. Kearse and Messrs. Radcliffe, Speziali, and Tigerman Friction products and electrical equipment cases continue to be tried in significant numbers. What are the issues, which side has prevailed, and where is the litigation going? The speakers are the lawyers trying these cases. 3:00 p.m. Networking Break 3:15 p.m. Old Jurisdictions in Transition: The Sea Change in Texas Messrs. Blevins and Watkins In the mid-1990s, nearly half of all asbestos cases filed in the United States were filed in Texas courts, which were generally perceived as sympathetic to plaintiffs. Since then, repeated waves of tort reform, culminating in the enactment of medical criteria legislation in 2005, have greatly changed the environment for asbestos litigation. Taken together, what effects have the various reforms had, and what are yet to be felt? To what extent have the Texas MDL, and new rules on unimpaired cases, consolidations, joint and several liability, venue, and much more led to a sea change in asbestos litigation in the state? How have plaintiffs and defendants responded to the changed environment? To what extent are cases formerly filed in Texas being filed elsewhere and where? 4:00 p.m. Emerging Jurisdictions: Delaware Messrs. Cooper and Radcliffe As the courthouse door has closed in some traditionally plaintiff-friendly jurisdictions such as Mississippi and Madison County, Illinois, asbestos cases have migrated to other jurisdictions. One of the most important of these emerging jurisdictions for asbestos litigation is Delaware. What is Delaware s attractiveness as a forum for asbestos cases? How has the Delaware Superior Court responded to its new prominence in asbestos litigation? What can practitioners learn from the court s management practices and its initial decisions on forum non conveniens rulings and general causation in friction product cases? Where is Delaware headed? 4:45 p.m. Screening: Dead or Just Napping? (Ethics Issues) Professor Brickman and Messrs. Coon, Rice, and Watkins Since Judge Jack s decision in In re Silica Cases, much attention has been paid to the ethics of litigation screening. Implicated doctors have taken the Fifth Amendment before Congressional committees; NIOSH has been urged to reconsider its monitoring of the B-reader program; prosecutors have [continued]

3 Thursday-Friday, November 30-December 1, 2006 New Orleans (Loews Hotel) PROGRAM [continued] been working overtime to determine whether criminal laws have been violated. How significant have unethical screening techniques been in fueling asbestos litigation? To what extent have historical screening programs violated either legal or medical ethics? Is litigation screening over, or lying low? Could screening ethically be revived, shorn of the abuses that have discredited it? Would improved NIOSH regulation of B-readings help? Does it matter whether there is a medical argument for screening in asbestos cases? 5:45 p.m. Adjournment for the Day Friday, December 1, :30 a.m. Continental Breakfast 8:00 a.m. Asbestos Bankruptcies: Past, Present, and Future Judge Magner, Dr. Martin, Ms. Henry, and Messrs. Lockwood and Schulte 2006 has been a breakout year for asbestos bankruptcies. What companies are out, what companies are almost out, and what companies are mired? What has been the role of insurers and insurance issues? When is a prepetition settlement program for current claimants in bad faith, and how do you prove it? Can 524(g) be used to wash rich parents of moribund debtors clean of their asbestos liabilities? Under what circumstances can a non-debtor bolt on to the bankruptcy of another company? What bearing do changes in the tort system have on the estimation of liabilities of the debtors? What special considerations are present when a debtor in an ordinary business bankruptcy has asbestos liabilities? What are the prospects of 524(g) as a means of achieving global resolution of asbestos liabilities? What are the financial issues in putting together a bankruptcy settlement? Are there changes in section 524(g) that would make this a better process? 9:30 a.m. Everything You Need To Know about the New 524(g) Trusts but Never Thought To Ask Judge Kawaichi, Dr. Florence, and Messrs. Austern, Mekus, and Snyder By mid-2006 there were at least 28 asbestos trusts representing cumulative assets of more than $1.7 billion. Those numbers continue to grow as more companies emerge from bankruptcy. How do these trusts get up and running? What has worked, and what hasn t? What are the prospects for coordinated claims processing among the various trusts? What are the key issues in trust management, from the perspective of present claimants, the futures representatives, and other constituencies? 10:30 a.m. Networking Break 10:45 a.m. The Insurance Wars Messrs. Cusumano and Snyder Historically, decisions in favor of policyholders on insurance coverage unlocked the resources that have fueled asbestos litigation. The struggle between policyholders and insurers continues into this century. Although the prevalence of arbitration has reduced the visibility of insurance issues, they continue to be important. Large sums turn on what counts as a single occurrence under liability policies, what the boundaries are Other ALI-ABA Courses of Study San Francisco Coral Gables (Miami) New Orleans Washington, D.C. St. Thomas, U.S. Virgin Islands New York The Art and Science of Serving as a Special Master in Federal and State Courts November 2-3, 2006, San Francisco, CM051 Opinion and Expert Testimony in Federal and State Courts* January 18-19, 2007, Coral Gables (Miami), CM060 Environmental and Toxic Tort Litigation February 1-2, 2007, New Orleans, CM072 Evidence Issues and Jury Instructions in Employment Cases* February 8-9, 2007, Washington, D.C., CM059 Civil Practice and Litigation Techniques in Federal and State Courts* March 7-9, 2007, St. Thomas, U.S. Virgin Islands, CM090 Trial Evidence in the Federal Courts: Problems and Solutions* March 22-23, 2007, New York, CM078 *also available via live webcast Register Online at between products/completed operations and general liability coverage, the allocation of losses to policy years, and the like. Moreover, with the explosive growth of asbestos trusts and the recent prevalence of insurance neutrality clauses in plans of reorganization, new issues are emerging in coverage disputes between asbestos trusts and insurance companies. This session identifies the controversies that matter today and provides a glimpse of the way in which the conflict-ridden relationship between policyholders and insurers is evolving. 11:45 a.m. Back to the Future Professor Hensler, Ms. Henry, and Messrs. Aldock, Blevins, Kazan, Siegel, and Watkins Is there an asbestos litigation problem? If so, for whom? Is screening over, or waiting to make a comeback? Could screening be reinvented to avoid fraud and abuse? Will there be a resurgence of trials? Will there be a resurgence of global settlements or other collective treatment? Is there a next asbestos? 12:45 p.m. Adjournment Total 60-minute hours of instruction: 12, including one hour of ethics

4 Here s what registrants have said about recent presentations of this course: ALI-ABA s Direct-to-Desktop CLE Is Your One Stop for: Great program! Glad to hear new developments. The presentation of asbestos litigation issues from the plaintiff and the defense bar was very effective. Well done course, glad I attended. Materials addressed a vast amount of information and ideas in a short period of time. I thought that this was the best seminar I have attended in the last few years. Panel members were excellent, both sides were well represented and articulate, and the discussions were very thoughtful and intellectually stimulating. The interaction of the various panel members was very good. It really gave me insights into the personalities and positions of both sides involved in asbestos litigation. I have been to so many of these asbestos conferences and this faculty and speakers are by far the best I ve seen in my 5+ years of litigation. Very informative! Go to go to Selection of ALI-ABA Litigation Related Products Available Online: Video Advanced Writing and Editing for Lawyers: Beyond Tips to Fundamental Principles Deposing Witnesses for Trial Part I, Part II Ethics Update: Lawyers Ethical Challenges in the Office Expert Witnesses: Daubert, Kumho, and Beyond Negotiation Stages and Techniques Audio + Text Class Action Suits 2006 Trying an Accountants Liability Case 2006 Computer, Internet, and Evidence 2005 Electronic Discovery: New Rules/Emerging Issues 2005 Hot Issues in Trial Evidence 2005 NETWORKING OPPORTUNITIES Networking is an important reason to attend this and every other ALI-ABA course of study. The registrants for last year s presentation of this course came from 20 states! CAN T ATTEND? ORDER THE STUDY MATERIALS! A book of specially prepared study outlines and related material will be distributed at the course site. To order these materials separately for $149, please use the form provided; shipping and handling are free! AUDIO mp3 CD-ROMs and AUDIOCASSETTE TAPES of the October 2005 presentation of this course are available with the October 2005 study materials for $499. Recordings are nonreturnable, but will be replaced if defective. To order, please see the form; shipping and handling are free!

5 Now is the time to fall in love with New Orleans all over again! The celebrated and historic core of New Orleans including the French Quarter, Central Business District, Warehouse and Arts District, Magazine Street, Garden District, Audubon Park and Zoo, and St. Charles Avenue not only remains intact, both physically and spiritually, but is thriving. The cultural riches, sensual indulgences, and unparalleled service that define the New Orleans experience continue to flourish, as they have for centuries. In sum, New Orleans is open, fully prepared, and eager to welcome all of its visitors again. Come see and celebrate for yourself. Your visit right now ensures you the unique, cultural travel experience only New Orleans can deliver. Even more, it means you are taking part in something important, something historic: celebrating the Rebirth of New Orleans. For more information, go to neworleanscvb.com. á French Quarter Balconies Ä Komodo Dragon at the New Orleans Zoo á Garden District Mansions REGISTRATION 800-CLE-NEWS Tuition for this course is $1,095. Tuition entitles registrants to admission to all sessions, a set of study materials, and Continental breakfasts and refreshment breaks daily. To register, simply return the form provided, with payment; or register with a credit card by: Phone: 800-CLE-NEWS ( ) FAX: Internet: Registrations will be accepted at the door if space is available, but please call in advance to avoid disappointment. All course accounts must be settled by the first session of the course to ensure admittance to the classroom. Recent law school graduates (within the past two years) and retired senior lawyers (65 and over) are eligible for a 50% tuition discount and should include a note explaining their eligibility. Discounts may not be combined. Services for Persons with Disabilities: If special arrangements are required for an individual with a disability to attend this program, please inform ALI-ABA of any special needs at least two weeks in advance. CANCELLATIONS Cancellations received no later than November 27 will be honored and tuitions refunded, less a $50 cancellation fee. Cancellations received by noon November 29 also will be honored and tuitions refunded, less a $100 cancellation fee. Telephone cancellations (800-CLE-NEWS) will be honored under the above time limits and terms, but all refund requests must be confirmed in writing by mail, by FAX ( ), or by (registrar@ali-aba. org). HOTEL ACCOMMODATIONS A limited block of rooms has been reserved at the Loews New Orleans. Room rate: $219 per night, single or double occupancy. These rooms will be held as a block, unless exhausted, until November 6, at which time they will be released to the general public. Registrants must make their own hotel reservations and indicate that they are attending the ALI-ABA Course of Study to qualify for rooms in the block. Room reservations may be made by calling or writing to the Loews New Orleans Hotel, 300 Poydras Street, New Orleans, LA 70130; phone or ; FAX Confirmations will be sent by the hotel. Please read the cancellation policy carefully. DISCOUNTED AIRFARES For ALI-ABA discounted airfares, please call UNITED at (800) , re: File #535DG. Restrictions may apply. TUITION ASSISTANCE Tuition assistance for ALI-ABA courses, based on need, is available on application. We are particularly interested in applications from minority lawyers, public interest lawyers, government lawyers, and recently admitted solo practitioners. To apply, please request an application form from ALI-ABA, or go to www. ali-aba.org/aliaba/form_ta.asp. All applications must be received no later than three weeks before the course begins. Applications must be accompanied by a $25 nonrefundable processing fee (waived for full-time J.D. candidates). MANDATORY CLE AND CPE CREDIT Virtually all ALI-ABA Courses of Study qualify for credit in all mandatory continuing legal education (MCLE) jurisdictions (including Louisiana) for varying numbers of credit hours. To obtain specific information on CLE, CPE, or other professional accreditation of this course, please contact ALI-ABA, or go to org/aliaba/mcle_infopage.asp. ADDITIONAL INFORMATION AND WEB REGISTRATION For further information write Alexander Hart, Director, Courses of Study, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA ; or telephone (215) or (toll free, U.S. and Canada only) (800) CLE-NEWS ( ), extension To view full details and updates and/or register online, please go to htm. register

6 Meet your CLE requirements NOW with new online courses at Asbestos Litigation in the 21st Century November 30-December 1, 2006, in New Orleans To register or order please mail this form together with payment to ALI-ABA: REGISTRAR, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA Please attach names and addresses of additional registrants. FAX your completed coupon to ALI-ABA: (215) 243- Phone your registration or order: CLE NEWS (Please do NOT duplicate previously FAXed registrations or orders via mail or phone.) Register or order on the web at j Please enter registration(s) for the ALI-ABA Course of Study, Asbestos Litigation in the 21st Century. Tuition: $1,095. CM038 I cannot attend this course. Please: j Send an audio mp3 CD-ROM of the October 2005 presentation of the program, including the October 2005 course materials, for $499 AL041CD j Send audiocassettes of the October 2005 presentation of the program, including the October 2005 course materials, for $499 AL041 j Send the 2006 course materials for $149, available in December. SM038 } OR Download PDFs of materials about six weeks after the course! Free with registration. 15% Discount for ALI-ABA In-House Members (For more information about ALI-ABA In-House, visit j My office is a member of ALI-ABA In-House. Payment is in the amount of the stated tuition or price, minus 15%. $ Total j Check enclosed (payable to ALI-ABA) Please charge to my credit card : j AMEX j DISCOVER j MasterCard j VISA PA residents only, add 7% sales tax to total amount (excluding course registrations). Card no.: Card expiration date: / name (please print) firm street address suite/floor number city state zip+4 phone (include area code) signature address (required for webcasts and online subscriptions) key code ADDRESS CHANGE? Go to Please include key code when you register or order; see below for code. Thank you. American Law Institute-American Bar Association Continuing Professional Education 4025 Chestnut Street, Philadelphia, PA NONPROFIT U.S. Postage PAID Carol Stream, IL Permit No CM038