ASBESTOS Claims & Litigation

Transcription

1 American Conference Institute s 20 th National Advanced Forum on ASBESTOS Claims & Litigation January 14-15, 2016 The Union League Philadelphia, PA Inquire about in-house, insurance, and academic rates Learn from and meet: Rick Schlegel Assistant General Counsel Exelon Corporation Dennis Helewa VP & Assistant Counsel, Claims SCOR General Security Companies Nina Lynn Caroselli Chief Operating Officer, Senior VP The RiverStone Group Michael J. Blair Vice President Environmental Claims GenRe A Berkshire Hathaway Company Coyette Holley Managing Counsel Nationwide Indemnity David A. Warren Assistant Vice President Resolute Management Inc. Brian McDonough San Francisco Reinsurance (ARM US), Claims Adjuster III Allianz Resolution Management Paul F. Slater Senior Counsel General Electric Christopher Alviggi Vice President Alliant Insurance Services, Inc. Jennifer Hecker Claims Expert Vice President Property & Casualty Business Management Westport Insurance Corporation Stewart S. Richmond, Jr. Assistant Vice President, Claims RiverStone Claims Management Sessions include: State of the market: hotbed states including PA, CA, IL, MO, NY; and key filing trends and rulings with regard to personal jurisdiction, choice of law, discovery, removal, FNC, duty to warn, causation, each and every exposure, and punitive damages Latest issues surrounding bankruptcy trusts Lung cancer: new medical and legal considerations given the substantial increase in claims Mesothelioma: latest trends, genetic components, meso gene theory, idiopathic cases, low dose issues, filings by younger females Recent developments in take home and bystander exposure cases Current state of engineering design firm duty and the statute of repose defense for construction work related to asbestos exposure Update on state adoption of the bare metal defense Insurance coverage issues: loss portfolio transfers, retroactive reinsurance, legacy liabilities, long tail losses, trigger allocation, successor rights after mergers, and more Juror communication: focus on state of the art and reptile theory Former employee lawsuits: latest filings against former employers in common law tort actions Role of unions in asbestos litigation Dealing with increased requests for corporate witness depositions and preparing company witnesses for testimony New international issues associated with motions to apply foreign law The latest on the Navy cases and knowledge of the hazards of asbestos Litigating claims involving end products that incorporate talc or vermiculite View From the Bench: Hon. James L. Robart U.S. Dist. Ct., W.D. Wash. Hon. Elizabeth Magner U.S. Bankr. Ct., E.D. La. Featuring unparalleled insights from: Thomas A. Sporn, MD Associate Professor of Pathology Duke University School of Medicine Arnold R. Brody, Ph.D. Professor Emeritus Department of Pathology Tulane University Medical School Hon. Richard Schmidt U.S. Bankr. Ct., S.D. Tex. Hon. Victor J. DiNubile Phila. Ct of Common Pleas Hon. Richard T. Aulisi N.Y. State Sup. Ct. Hon. Richard Kramer CA Super. Ct., San Fran. Arthur L. Frank, MD, PhD Environmental & Occupational Health Drexel University School of Public Health Francis McGovern Professor of Law Duke Law Earn CLE ETHICS Credits Register Now Register Now

2 Here are just some of the companies and firms already participating: Exelon Corporation SCOR General Security Companies RiverStone GenRe A Berkshire Hathaway Company Nationwide Indemnity Resolute Management Inc. Allianz Resolution Management (ARM) General Electric Alliant Insurance Services, Inc. Westport Insurance Corporation Alliant Insurance Services, Inc. Shook, Hardy & Bacon L.L.P. Sedgwick LLP Shrader & Associates, L.L.P. Hugo Parker, LLP Crowell & Moring LLP McGivney & Kluger, P.C. Orrick, Herrington & Sutcliffe LLP Armstrong Teasdale LLP Motley Rice LLC Belluck & Fox Margolis Edelstein Morris Polich & Purdy LLP Hinshaw & Culbertson LLP Barclay Damon, LLP Lewis Brisbois Bisgaard & Smith LLP Forman Watkins Krutz & Tardy LLP K&L Gates LLP Walsworth Franklin Bevins McCall Goldberg Segalla Segal McCambridge Singer & Mahoney, Ltd. Gordon & Rees LLP Deutsch, Kerrigan & Stiles ACI s 20 th National Forum on Asbestos Claims & Litigation returns to Philadelphia. It is the only event where law, science, and medicine intersect and provide practitioners with clarity and certainty with respect to the industry s most pressing issues. This year s agenda has been revamped to provide you with strategic advice, critical insights, and comprehensive updates for: State of the market: hotbed states including PA, CA, IL, MO, NY; and key filing trends and rulings with regard to personal jurisdiction, choice of law, discovery, removal, FNC, duty to warn, causation, each and every exposure, and punitive damages Latest issues surrounding bankruptcy trusts Lung cancer: new medical and legal considerations given the substantial increase in claims Mesothelioma: latest trends, genetic components, meso gene theory, idiopathic cases, low dose issues, filings by younger females, and talcum powder Recent developments in take home and bystander exposure cases Current state of engineering design firm duty and the statute of repose defense for construction work related to asbestos exposure Update on state adoption of the bare metal defense Insurance coverage issues: loss portfolio transfers, retroactive reinsurance, legacy liabilities, long tail losses, trigger allocation, successor rights after mergers, and more Juror communication: focus on state of the art and reptile theory Former employee lawsuits: latest filings against former employers in common law tort actions Role of unions in asbestos litigation Dealing with increased requests for corporate witness depositions and preparing company witnesses for testimony New international issues associated with motions to apply foreign law The case against the non-asbestos defendant such as asbestos defendant equipment manufacturer and its component parts: the evolution of theories and strategies with regard to the various types of defendants Ethics opinions in asbestos litigation (featuring CLE ethics credits) Register today to ensure your place by calling , faxing your registration form to or online at Attorneys Specializing in Asbestos Product Liability Environmental Litigation Toxic Tort Insurance Coverage for Environmental Liabilities Hazardous Waste Who You Will Meet Insurance Industry Professionals including: Claims Managers Risk Managers Claims Handlers Administrators 2 Join the Conversation ACI: / #ACIASBESTOS

3 DAY ONE: THURSDAY, JANUARY 14, :20 Registration and Continental Breakfast 8:00 Co-Chairs Welcome Remarks Carol G. Snider Barclay Damon, LLP Rick Schlegel Assistant General Counsel Exelon Corporation 8:05 Insurer-Counsel-Insured Relationships: Strategy Between Client, Carrier, National Counsel and Local Counsel; Best Practices on Limiting Total Spend (including Settlement Costs) on Cases and Managing the Financial Aspects Dennis Helewa Vice President & Assistant Counsel, Claims SCOR General Security Companies Jennifer Hecker Claims Expert Vice President Property & Casualty Business Management Westport Insurance Corporation Michael J. Blair Vice President Environmental Claims GenRe A Berkshire Hathaway Company Rick Schlegel Assistant General Counsel Exelon Corporation Paul F. Slater Senior Counsel General Electric Nina Lynn Caroselli Chief Operating Officer, Senior Vice President The RiverStone Group David A. Warren Assistant Vice President Resolute Management Inc. Stewart S. Richmond, Jr. Assistant Vice President, Claims RiverStone Claims Management LLC Moderator Ingrid K. Campagne Walsworth Franklin Bevins McCall Insurer-counsel-insured relationships: all of the players on the same page with strategy: client, carrier, national counsel and local counsel Total spend on cases (indemnity v. defense costs) How are the costs of going to trial weighed against settlement? Wider implementation of mediations which drive up settlement costs Big push to reduce values or defend cases how to do this, prepare for trial and keep costs low 9:40 Morning Break 9:55 State of the Market: Hotbed States Including PA, CA, IL, MO, NY; and Key Filing Trends and Rulings With Regard to Personal Jurisdiction, Choice of Law, Discovery, Removal, FNC, Duty to Warn, Causation, Each and Every Exposure, and Punitive Damages Jonathan M. Lively Shareholder Segal McCambridge Singer & Mahoney, Ltd. (Chicago, IL) James L. Stengel Orrick, Herrington & Sutcliffe LLP (New York, NY) Frederic Rick Norris Senior Managing Attorney Dentons US LLP (Los Angeles, CA) This panel will provide you with the latest developments, emerging issues, trends, and the current pulse of the market and industry. Top outside counsel from hotbed states will give you an in-depth examination of the year s most challenging issues and recommendations for how practitioners can update their litigation strategies in response to the new developments going forward. Topics include: Jurisdiction/Daimler Issues as to general personal jurisdiction over corporations and the possible impact on the economic model of the asbestos litigation Removal how are courts handling attempts to avoid it Recent expansion of asbestos lawsuits into jurisdictions having no experience with such litigation, and difficulty trying to create order, such as with adoption of CMOs and/or GOs developed in jurisdictions that have handled it for years Register Now

4 States and management of asbestos dockets Court decisions on causation issues with expert witnesses - Each and every exposure defense Jurisdictional overview of each and every exposure rulings Any exposure causation How different states have excluded or criticized such expert testimony CALIFORNIA and NEW YORK latest on punitive damages, including NYCAL developments and consolidation PENNSYLVANIA and NEW JERSEY FLORIDA non-malignant docket ILLINOIS and MISSOURI - personal jurisdiction motions to dismiss - FNC motions to dismiss - Duty to warn You will find this session invaluable for getting up to speed on the latest developments, cases, and strategies while maximizing your opportunity to engage in the advanced discussion that is the hallmark of the conference. 10:55 Latest Issues Surrounding Bankruptcy Trusts Mark A. Behrens, Esq. Shook, Hardy & Bacon L.L.P. Joseph W. Belluck Founding Belluck & Fox, L.L.P. A. Wendel Stout III Deutsch, Kerrigan & Stiles, L.L.P. Transparency regarding the various asbestos trusts that have been set up to compensate individuals exposed to asbestos as a result of the Garlock Bankruptcy Garlock fallout and state asbestos bankruptcy trust transparency legislation What states have passed laws mandating plaintiffs certify or identify all claims/compensation before filing a suit? Will Garlock lead to new approaches to asbestos bankruptcy which will be more attractive to defendants than the established 524(g) model? Continuing difficulties in obtaining and using Bankruptcy Trust information Dealing with bankruptcy trusts and extracting information relative to documents, POC s and settlements Discovery of bankruptcy claim forms How different courts have ruled on issue? The sharing of information regarding the monies paid by bankrupt defendants trusts and the court ordered production of the materials submitted by plaintiffs to qualify under the trusts Increase in pressure to disclose settlements/claims with asbestos bankruptcy trusts 11:55 Networking Luncheon for Speakers and Delegates 12:55 Special Address Thomas A. Sporn, MD Associate Professor of Pathology Duke University School of Medicine 1:40 Lung Cancer: New Medical and Legal Considerations Given the Substantial Increase in Claims Arthur L. Frank, MD, PhD Environmental & Occupational Health Drexel University School of Public Health James N. Sinunu Sinunu Bruni LLP Carol G. Snider Barclay Damon, LLP Vincent L. Greene IV Member Motley Rice LLC Sharp rise in demands of what is asserted as a settlement value in lung cancer cases, and increased cost of defending Complications given claims by lifelong smokers, and attempts to turn lung cancers into asbestos rather than smoking claims The impact of medical criteria statutes (MCSs) How jurors look at former smokers with lung cancer claiming asbestos exposure causation. Does the addiction to smoking argument work before jurors? Deposition practice for smoking lung cancer cases. How to address the ignoring of warnings on cigarettes? How to address the claim that plaintiff could not quit due to addiction argument? 2:55 Recent Developments in Take Home and Bystander Exposure Cases Brian McDonough San Francisco Reinsurance (ARM US) Claims Adjuster III Allianz Resolution Management (ARM) Michael J. Crist DLD Lawyers Recent rulings, upcoming rulings, jurisdictional analysis Duty issue: Employers lack of duty to warn third persons (employees spouses) of the dangers of asbestos exposure Take home exposures to roommates and non spouses Reviewing the recent PA Supreme Court case on take home and bystander exposure cases 4 Join the Conversation ACI: / #ACIASBESTOS

5 3:45 Afternoon Break 3:55 New International Issues Associated With Motions to Apply Foreign Law Edward R. Hugo Founding Hugo Parker, LLP What law applies when foreign litigants sue in the U.S.? What are some of the related cross-border discovery issues? How do you obtain records to develop alternative theories of causation? Blocking statutes 4:25 The Case Against the Non-Asbestos Defendant Such as the Equipment Manufacturer: The Evolution of Theories and Strategies With Regard to the Various Types of Defendants Barry N. Mesher Sedgwick LLP Litigation nuances with regard to the types of defendants: - Manufacturer of product (the product) that includes an asbestos-containing component part; - Manufacturer of same type of product; - Manufacturer of component part to the product - Manufacturer of replacement for component part to the product; - Designer of the product - Designer of system or fixture that uses the product Questions for Each Defendant: Duty regarding defendant s own product or work?; Duties regarding the products or work of others?; Causation?; Limited to asbestos? 4:55 The Latest on the Navy Cases and Knowledge of the Hazards of Asbestos Dean A. Olson Morris Polich & Purdy LLP Evaluating the liability of the empty chair, the navy itself and the bankrupt companies What did the sailor know? What did the shipyard worker know? Theories of liability Filing trends for the Navy case Sophisticated user and learned intermediary Who knew more than the Navy? The Future for Navy Against Equipment Manufacturers X & Y generations view of the Navy and Navy case against equipment defendants VA s new position recently on acknowledging asbestos exposure if plaintiffs worked on a ship hull before 1981 and how this plays into the defense 5:25 Role of Unions in Asbestos Litigation Kay Baxter Cosmich Simmons & Brown, PLLC What was the union s role in advising, protecting, and informing plaintiffs who were part of unions and were then exposed to asbestos? Push for union records and examine what they can reveal about training, guidance, information given to the plaintiffs 5:55 The Current State of Engineering Design Firm Duty and the Statute of Repose Defense for Construction Work Related to Asbestos Exposure Dawn Dezii Margolis Edelstein What s the duty of the engineering design firms? They specified the materials in their plans & in some instances, negotiated the prices & work but are they covered by the statute of repose? Asbestos exposure claims perpetual existence against construction professionals? Statute of Repose Defense for Construction Work Related to Asbestos Exposure 6:25 Conference Adjourns Media : Global Sponsorship Opportunities With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world. As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation. For more information about this program or our global portfolio of events, please contact: Wendy Tyler Director of Sales, American Conference Institute Tel: x5242 w.tyler@americanconference.com Register Now

6 DAY TWO: FRIDAY, JANUARY 15, :30 Continental Breakfast 8:00 Former Employee Lawsuits: Latest on Filings Against Former Employers in Common Law Tort Actions Craig Liljestrand Hinshaw & Culbertson LLP 8:30 View from the Bench Hon. James Robart U.S. Dist. Ct., W.D. Wash. Hon. Elizabeth Magner U.S. Bankr. Ct., E.D. La. Hon. Richard Schmidt U.S. Bankr. Ct., S.D. Tex. Hon. Richard T. Aulisi N.Y. State Sup. Ct. Hon. Victor J. DiNubile Phila. Ct of Common Pleas Hon. Richard Kramer CA Super. Ct., San Fran. Co-Moderators Ross Stomel Shrader & Associates, L.L.P. Philip R. Matthews Duane Morris LLP 10:00 Morning Break 10:15 Mesothelioma: Latest Trends, Genetic Components, Meso Gene Theory, Idiopathic Cases, Low Dose Issues, Filings by Younger Females, and Beyond Arnold R. Brody, Ph.D. Professor Emeritus Department of Pathology Tulane University Medical School Mary Margaret Gay Forman Watkins Krutz & Tardy LLP Charles M. McGivney, Esq. Managing, Co-Principal McGivney & Kluger, P.C. The expansion of the scientific limits of epidemiology/general causation as applied to specific causation in mesothelioma cases Trends in regard to incidence of mesothelioma Potential genetic component of mesothelioma, and the related issues that raises (ex can you require a plaintiff to have such genetic testing) BAP1 genetic testing and testimony Meso gene whether there is a meso gene that makes plaintiffs more susceptible to getting mesothelioma? Idiopathic mesotheliomas: while the incidence of mesothelioma for occupationally exposed populations conforms to prior projections, the incidence of peritoneal meso among people with little or no occupational exposure remains high: what s happening and will the legal system be able to say no to idiopathic cases? Low dose issues for meso and genetic susceptibility issues The substantial factor and every dose issue how small can the exposure be and still be a substantial factor Continuing challenge of representing ultra-low dose defendants Increase in filing of younger female mesothelioma cases 11:30 Litigating Claims Involving End Products that Incorporate Talc or Vermiculite Cullen W. Guilmartin Gordon Rees Scully Mansukhani, LLP 12:00 Update on State Adoption of the Bare Metal Defense Nicholas P. Vari K&L Gates LLP 12:30 Ethics Opinions in Asbestos Litigation (featuring CLE Ethics) Francis McGovern Professor of Law Duke Law Earn CLE ETHICS Credits 6 Join the Conversation ACI: / #ACIASBESTOS

7 1:00 Networking Lunch for Speakers and Attendees 2:00 Insurance Coverage Issues: Loss Portfolio Transfers, Retroactive Reinsurance, Legacy Liabilities, Long Tail Losses, Trigger, Allocation, Successor Rights After Mergers, and More Coyette Holley Managing Counsel Nationwide Indemnity Leslie A. Davis Crowell & Moring LLP Christopher Alviggi, ARM Vice President Construction Services Group Alliant Insurance Services, Inc. Latest on insurance company Loss Portfolio Transfers, retroactive Reinsurance, and legacy insurance liabilities Consolidation of the insurance companies through a series of loss portfolio transfers ( LPTs ): effect on discovery, settlement, and trial strategy Long-tail losses Trigger of coverage under Pennsylvania law for asbestos bodily injury liabilities arising from mesothelioma and cancer cases Coverage/allocation: Arguments that medical science no longer supports the continuous trigger applied in PA and other jurisdictions Successor rights to insurance after mergers Issues related to buy back insurance where plaintiffs are brining suit against companies who bought the policy back from the insurance company 3:00 Dealing With Increased Requests for Corporate Witness Depositions and Preparing Company Witnesses for Testimony Joseph J. Welter, Esq. Goldberg Segalla Jason M. Saul Cetrulo LLP These depositions present complex challenges and serious potential exposure for a company. Counsel must strategically determine who should represent the corporation at the deposition, how much preparation is sufficient, and how to tackle privilege issues. This session will help you explain the key steps for minimizing risk, successfully responding to a deposition notice and selecting and preparing witnesses for the deposition. 3:50 Juror Communication: Focus on State of the Art and the Reptile Theory CLE Credits Todd Schwartz Lewis Brisbois Bisgaard & Smith LLP State of the art defense in 2015 and beyond (how can we explain to younger and younger jurors what the world was like 30, 40 and 50 years ago?) Hindsight bias/state of the art Reptile Theory what is it, how to defend your corporate client 4:30 Conference Ends American Conference Institute, 2015 Continuing Legal Education Credits Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation. ACI certifies that the activity has been approved for CLE credit (including 30 minutes of ethics) by the New York State Continuing Legal Education Board. ACI certifies that this activity has been approved for CLE credit (including 30 minutes of ethics) by the State Bar of California. You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. Questions about CLE credits for your state? Visit our online CLE Help Center at About the Venue The Union League, which occupies an entire city block in the center of Philadelphia s commercial and cultural district, is a shining jewel of history in a city defined by such treasure. Founded in 1862 as a patriotic society to support the policies of President Abraham Lincoln, The Union League has hosted U.S. presidents, heads of state, industrialists, entertainers and visiting dignitaries from around the globe. The classic French Renaissance-styled League House, with its brick and brownstone façade and dramatic twin circular staircases leading to the main entrance, is listed in the National Historic Register, and dates back to 1865, when the Broad Street building was completed. Adorning the walls and hallways is the League s distinguished art collection, artifacts imbued with the heritage and culture of its membership. The collection is a rich, historical chronicle of Philadelphia s unique imprint upon the American landscape from the nineteenth century to today. American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the Union League directly at and mention the ACI Asbestos conference to receive this rate. Register Now

8 American Conference Institute s 20 th National Advanced Forum on ASBESTOS Claims & Litigation January 14-15, 2016 The Union League Philadelphia, PA MAIL American Conference Institute 45 West 25th Street, 11th Floor New York, NY REGISTRATION CODE S L16.S PHONE REGISTRATION FORM ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Counsel, Product Liability, Environmental, Toxic Tort 5 Easy Ways to Register FAX ONLINE Asbestos Payment Policy CustomerService@ AmericanConference.com Payment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization. Delegate Substitutions and Cancellations You must notify us by at least 48 hrs in advance of the conference if you wish to send a substitute participant. If you are unable to find a substitute, please notify us in writing no later than 10 days prior to the conference date and a credit voucher will be issued to you for the full amount paid, redeemable against any other American Conference Institute conference in the next 12 months. Delegates may not share a pass between multiple attendees without prior authorization. All cancelled registrations will be subject to a cancellation fee of $350. If you prefer, you may request a refund of fees paid less the applicable cancellation fee. No credits or refunds will be given for cancellations received within 10 days of the conference start date. No liability is assumed by American Conference Institute for changes in program date, content, speakers or venue. American Conference Institute reserves the right to cancel any conference it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. CONFERENCE CODE: 843L16-PHI o YES! Please register the following delegate for ASBESTOS Claims & Litigation CONTACT DETAILS NAME JOB TITLE APPROVING MANAGER ORGANIZATION ADDRESS CITY STATE ZIP CODE TELEPHONE FAX TYPE OF BUSINESS o I would like to receive CLE accreditation for the following states:. See CLE details inside. Hotel Information American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the ACI Asbestos conference to receive this rate. Venue: The Union League of Philadelphia Address: 140 South Broad Street, Philadelphia, PA Reservations: Registration Fee The fee includes the conference all program materials continental breakfasts lunches and refreshments. Incorrect Mailing Information If you would like us to change any of your details please fax the label on this brochure to our Database Administrator at , or data@americanconference.com. ACI reserves the right to deny admission to anyone, at any time, for any reason. Missed A Conference Order The Conference Materials Now! If you missed the chance to attend an ACI event, you can still benefit from the conference presentation materials. To order the Conference Materials, please call or visit: FEE PER DELEGATE Advance Pricing On or Before Nov 20, 2015 Standard Pricing After Nov 20, 2015 o Conference Only $1895 $2095 o Please reserve additional copies of the Conference Materials at $199 per copy. GROUP PRICING 1-2 No Discount % Discount % Discount PAYMENT Please charge my o VISA o MasterCard o AMEX o Discover Card o Please invoice me NUMBER CARDHOLDER EXP. DATE oi have enclosed my check for $ made payable to American Conference Institute (T.I.N ) o ACH Payment ($USD) Please quote the name of the attendee(s) and the event code 843L16 as a reference. For US registrants: Bank Name: HSBC USA Address: 800 6th Avenue, New York, NY Account Name: American Conference Institute UPIC Routing and Transit Number: UPIC Account Number: Non-US residents please contact Customer Service for Wire Payment information 7 20% Discount More than 7 Call Special Discount We offer special pricing for groups and government employees. Please or call for details. Promotional discounts may not be combined. ACI offers financial scholarships for government employees, judges, law students, nonprofit entities and others. For more information, please or call customer service.