2021 Asbestos Medicine Seminar Agenda

Asbestos Medicine Seminar

*Schedule and Speakers subject to change

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Wednesday, November 3, 2021

Time (Central) Program
6:00 p.m. Registration & Networking Reception

Thursday, November 4, 2021

Time (Central) Program
7:00 a.m. Registration and Continental Breakfast
8:00 a.m. Welcome and Introduction

Jennifer Snyder Heis, Ulmer & Berne LLP, Cincinnati, OH
Evelyn Fletcher Davis, Hawkins Parnell & Young LLP, Atlanta, GA
8:10 a.m. A Quantitative Asbestos Risk Assessment: Is it Welcome in the Courtroom?

The session will explore several case studies, demonstrating how different aspects of quantitative risk assessment can be efficiently used for alleged exposure in workers, customers, and communities. Based on the most recent discoveries and publications, Dr. Korchevskiy will cover such important issues as quantification of excess mesothelioma and lung cancer cases for a specific exposure level; the role of fiber mineralogy and dimensions in risk assessment; and comparison of excess cancer risk with general population baseline to determine the likelihood of causation.

Moderator
Kevin P. Greene, Willcox Savage, Norfolk, VA

Andrey Korchevskiy, Ph.D., DABT, CIH, C&IH, Inc., Wheat Ridge, CO
9:10 a.m. Mesothelioma in Young Plaintiffs

Dr. David Weill, a board certified pulmonologist, will discuss the occurrence of mesothelioma in younger patients.  His presentation will include a discussion of the medical and scientific approach taken when a younger patient presents with a mesothelioma diagnosis.  Further, he will address the clinical and causation differences when comparing younger mesothelioma patients versus older patients.

David Weill, M.D., Weill Consulting Group, New Orleans, LA
10:00 a.m. Refreshment Break
10:25 a.m. Creative Methods of Investigating Cases and How to Use that Evidence at Trial

Social media, cell phone tracking data, advanced Google searches, and other sources of publicly available information are a very real part of our lives. Ms. Oliver and Ms. Lehman will discuss how to creatively obtain information and how to lay the evidentiary foundation to have that information admitted into evidence at trial.

Allison Oliver, Smith & Carson, Atlanta, GA
Kathryn S. Lehman, King & Spalding, Atlanta, GA
11:15 a.m. Update and Overview of Talc Litigation

This overview will include recent developments in the talc litigation including trials, verdicts and trends, as well as hot topics relating to the FDA’s position on talc and the definition of asbestos and elongated mineral particles.

Pete Mularczyk, Foley & Mansfield PLLP, Los Angeles, CA
11:30 a.m. Lunch
1:00–3:45 p.m. Young Lawyers Breakout Session

For more information, please click on the tab "Young Lawyers Breakout Session".
1:15–3:00 p.m. Talc Breakout Session

For more information, please click on the tab "Talc Breakout Session".
1:00 p.m. Legal Advertising and Impacts on Voir Dire and Potential Jurors

Albert H. (Al) Parnell, Albert H. Parnell PC, Atlanta, GA
1:35 p.m. EPA, Regulatory and Governmental Developments Under Current Administration, and Countering Same

A lively round-table presentation, discussion and update on the EPA asbestos risk evaluation, its impact on the litigation, its flawed science, and whether parts of its can be used affirmatively by defendants.

Bruce T. Bishop, Willcox & Savage PC, Norfolk, VA
Robert Manlowe, Williams Kastner Gibbs, Seattle, WA
Dennis J. Paustenbach, PhD, DABT, CIH, Paustenbach & Associates, Jackson, WY
Erik D. Nadolink, Wheeler Trigg O’Donnell LLP, Denver, CO
2:45 p.m. 40 Years of Shaping Tort Law: The Impact of Key Asbestos Opinions on the Course of Tort Law in the United States

A single asbestos appellate decision can shape the course of tort litigation across jurisdictions and through decades. Ms. Oberg and Mr. Lloyd will examine how the defense has exploited wins and adapted to losses in key areas such as causation standards, legal duty, class action settlements, and damages.

Lisa L. Oberg, Husch Blackwell, San Francisco, CA
Neil Lloyd, Schiff Hardin, Chicago, IL
Jennifer Lee, Husch Blackwell, San Francisco, CA
3:35 p.m. Refreshment Break
4:00 p.m. 50 Years of Asbestos Litigation – A Historical Assessment of Each Decade (Main Session - 2 hours)

Moderators
Bruce T. Bishop, Willcox & Savage PC, Norfolk, VA
Albert H. (Al) Parnell, Albert H. Parnell PC, Atlanta, CA

John M. Fitzpatrick, Wheeler Trigg O’Donnell, Denver, CO
Edward J. McCambridge, Segal McCambridge, Chicago, IL
Lawrence G. Cetrulo, Cetrulo LLP, Boston, MA
Sharla J. Frost, Attorney at Law, Houston, TX
John G. Gaul, Maron Marvel Bradley Anderson & Tardy LLC, Philadelphia, PA
Susan J. Cole, Bice Cole Law Firm, Coral Gables, FL
4:00 p.m. Breakouts
Room A: Attorneys Coming Together to Collaborate and Share Substantive Updates

Industrial Products (i.e., Boilers, Pumps, Valves, etc.)
Erik D. Nadolink, Wheeler Trigg O’Donnell LLP, Denver, CO

Friction Products (i.e., Brakes, Clutches, Gaskets in Various Equipment, etc.)
Anthony Sbarra, Jr., Hermes Netburn, Boston, MA
Janika Polk, Kuchler Polk Weiner, New Orleans, LA
Room B: Insurance Industry (also open to outside defense counsel)

Dale Andrews, Riverstone, Manchester, NH
David A. Warren, Resolute Management Inc., Chicago, IL
Frederick Schaefer, Nationwide Indemnity, Wausau, WI
5:00 p.m. Breakouts
Room A: The Next Asbestos Bankruptcy Wave? The Impact of Bankruptcies on the Tort System

Peter Kelso, Roux Associates, Arlington, VA
Holland Sullivan, Financial Asset Recovery Analytics
Frederick C. Schaefer, Nationwide Indemnity, Wausau, WI
James A. Lowery, III, Gordon Rees Scully Mansukhani, Dallas, TX
Room B: Attorneys Coming Together to Collaborate and Share Substantive Updates

Construction Products (i.e., Joint Compounds, Roofing, Building Materials, etc.)
Ryan S. Cobbs, Carlton Fields, West Palm Beach, FL
6:00 p.m. Networking Reception
7:00 p.m. Young Lawyers Dine-Around

Join your fellow DRI Young Lawyers at Copper Vine to network and reconnect before the House of Blues event. Click here to sign-up for this dinner.
8:30 p.m. Celebration of the 40th Anniversary of the Asbestos Medicine Seminar

Join your DRI friends and colleagues at the House of Blues to celebrate the 40th Anniversary of the Asbestos Medicine Seminar. Network, build your book of business, and enjoy adult beverages at an indoor/outdoor venue. Ticket price to this event is included in registration.

Young Lawyers Breakout Session (Nov. 4, 1:00–3:45 p.m.)

Time (Central) Program
1:00 p.m. Opening Remarks and Introductions

Whitney K. Barrows, Melick & Porter LLP, Boston, MA
Shundra Crumpton ManningBradley, Nashville, TN
1:05 p.m. You Found It, Now What? The Strategy Behind Testing Historical Industrial Products

Craig Waksler, Eckert Seamans, Boston, MA
Kelly Scribner-Tuttle, Ph.D., CIH, CTEH, Dallas, TX
2:00 p.m. How to Prepare for an Expert Deposition?

Amber Barlow Garcia, Deutsch Kerrigan, New Orleans, LA
Alyson Walker Lotman, Duane Morris, Philadelphia, PA
2:45 p.m. Identifying and Remedying Attorney Fraud and Misconduct

Jeanne F. Loftis, Bullivant Houser, Portland, OR
Katherine A. Lawler, Nelson Mullins, Baltimore, MD
3:15 p.m. Strengthening Resilience Through Mindfulness

Hon. Paul Bacigalupo, Los Angeles Superior Court, Los Angeles, CA

Talc Breakout Session (Nov. 4, 1:15–3:00 p.m.)

Time (Central) Program
1:15 p.m. Opening Remarks; Cosmetic Talc Battlegrounds: Testing Methodologies and Counterfeits

Edward R. Ulloa, Hawkins Parnell & Young, LLP, Los Angeles, CA
1:55 p.m. Using Science to Rebut Plaintiff’s Evolving Theories of Liability in Cosmetic Talc Cases

Pete Mularczyk, Foley & Mansfield PLLP, Los Angeles, CA
2:35 p.m. Cosmetic Talc: State of the Art

Robert A. Rich, Gordon & Rees Scully Mansukhani, Oakland, CA

Friday, November 5, 2021

Time (Central) Program
7:30 a.m. Continental Breakfast and Women's Breakfast
8:30 a.m. Announcements

Bruce T. Bishop, Willcox & Savage PC, Norfolk, VA
Mahsa Kashani Tippins
8:35 a.m. When Advocacy Goes Too Far: What is the Difference Between “Good Trouble” and Just Plain “Trouble”?

Ms. Green will discuss how to make sure your desire to be an advocate does not violate the rules of professional conduct.

Jennifer Green, DeHay & Elliston LLP, Dallas, TX
9:35 a.m. In Science We Trust? Juror Views in the Wake of the Pandemic

Mike Brown, national trial lawyer with Nelson Mullins, and Susan Fillichio, national jury consultant with Fillichio & Hastings, will discuss how juror views of science have evolved in the wake of the pandemic. Mike and Susan will share their experiences from courtrooms across the country, along with data on juror attitudes about science from the Fillichio & Hastings September 2021 nationwide survey of 1000+ participants. Mike and Susan will discuss ways in which the defense can most effectively meet the expectations of jurors on topics relating to health and science.

Susan G. Fillichio, Esq., Fillichio & Hastings, El Segundo, CA
Michael A. Brown, Nelson Mullins, Baltimore, MD
10:25 a.m. Refreshment Break
10:40 a.m. Confessions of an Expert Witness

Dr. Roggli recounts events from his career that led to his involvement in toxic tort litigation. He describes cases that led to advances in our medical knowledge and publications in the medical literature. His subsequent involvement in tobacco litigation is also noted. In addition, Dr. Roggli hints at publications that are forthcoming.

Victor Roggli, M.D., Duke School of Medicine, Durham, NC
11:30 a.m. A Material Issue: Challenging Plaintiff’s Material Scientist

Mr. Greene will identify ways to challenge testimony and opinions offered by plaintiff's material scientists about your client’s products.

Kevin P. Greene, Willcox Savage, Norfolk, VA
12:15 p.m. Non-Smoking Lung Cancer, Asbestos and Causation

Dr. Feingold will discuss the growing important of non-smoking lung cancers, particularly among young people, and address the epidemiology, pathology and genetics of such cancers.

Allan Feingold, M.D., Baptist Health South Florida, Miami, FL
1:00 p.m. Seminar Conclusion and Adjourn