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Asbestos: Current Issues and Effective Litigation Tactics  

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This basic-to-intermediate level program provides an overview of current issues in asbestos litigation and effective advocacy tactics for: Attorneys, In-House Counsel, Construction Product Manufacturers, Contractors, Insurance Claims Representatives, Landlords, Chapter 11 Trustees

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Seminar Summary:

Our experienced faculty will fill you in on the latest case law and current legal trends, including the ever-expanding pool of nontraditional defendants. Learn key techniques to prove liability and successfully advocate for your clients in and out of court. (see full course description)

 

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Training Course Syllabus:


Effectively Handle Asbestos Claims


Round out your knowledge of asbestos, its case history and recent fraudulent developments, so youŽre prepared to take on asbestos claims. Our experienced faculty will fill you in on the latest case law and current legal trends, including the ever-expanding pool of nontraditional defendants. Learn key techniques to prove liability and successfully advocate for your clients in and out of court. Register today!



  • Discover how regulatory changes and recent court decisions affect your practice.

  • Find out what nontraditional defendants have been sued for asbestos-related injuries to see if your clients are at risk.

  • Learn how to best defend your clients against fraudulent and unethical practices in mass tort recruitment.

  • Understand the evolving theories in asbestos liability and how to prove exposure history.

  • Explore the best ways to prove medical causation and the ethical dilemmas associated with litigating the asbestos claim with no demonstrable medical condition.

  • Uncover proven methods for accurately calculating the value of asbestos-related injuries.

  • Find out what settlement practices can save your clients time and money.

  • Give yourself the best chance for success at trial by knowing jurisdictional differences and the crucial motions to file.

  • Use key tactics to uncover critical, case-proving evidence during investigation and discovery.

  • Get expert tips on how to successfully select and instruct the jury.

  • Discover which demonstrative aids will have the maximum effect in the courtroom.

  • Understand what section 524(g) means for corporate clients declaring bankruptcy because of asbestos litigation.


I. ASBESTOS: PAST, PRESENT AND FUTURE

9:00 - 10:00 Paul E. Petruska and Andrew OŽBrien.



  • Asbestos: What it is and Where it is Found

  • Medical Effects: Mesothelioma, Asbestosis and Other Diseases

  • The History of Asbestos Litigation and Its Implications on the Construction Industry

  • Traditional vs. Nontraditional Defendants: Who is At Risk Now?

  • Case Law and Legislative Update: New Developments in Asbestos Litigation

  • The Future of Asbestos Litigation: Will the Current Trend Continue?


II. ETHICAL CONSIDERATIONS IN MASS TORTS

10:15 - 11:15 Andrew OŽBrien.



  • Litigation Screening: Dubious Medical Evidence Collection?

  • Claims Without Demonstrable Medical Conditions

  • Magic Jurisdictions

  • Improper Coaching of Claimant and Witnesses

  • Conflicts of Interest

  • Breach of Fiduciary Duty


III. PROVING LIABILITY AND ACCURATELY CALCULATING INJURIES

11:15 - 12:15 Christina Dubis and William C. Foote.



  • Employer Liability and Product Liability

  • Premises Liability and Secondhand Exposure

  • Improper Removal

  • Problems Associated With Statute of Limitations on Latent Injury

  • Proving Exposure History: What Does the Borg-Warner v. Flores Decision Mean?

  • Medical Evidence: Proving the Connection Between Asbestos and Health Problems

  • Proven Methods for Calculating Asbestos-Related Injuries


IV. SETTLING THE ASBESTOS CLAIM

1:15 - 1:45 Mary Dianne Rychnovsky.



  • The Advantages and Disadvantages of Settlement for Both Parties

  • Negotiation Techniques and Settlement Strategies

  • Typical Settlement Packages

  • Asbestos Cleanup Remedies


V. FORUM NON CONVENIENS IN ILLINOIS

1:45 - 2:05 Honorable Daniel J. Stack.


VI. THE ROLE OF THE PATHOLOGIST IN ASBESTOS LITIGATION

2:05 - 3:05 Michael Alan Graham.


VII. BANKRUPTCY FROM ASBESTOS LITIGATION

3:20 - 3:50 Andrew OŽBrien.



  • The Effects of Chapter 11 on Litigation and the Delivery of Compensation

  • Issues Associated With Co-Defendant Claims

  • Considerations in Putting Together a Bankruptcy Settlement

  • 524(g): Establishing the Bankruptcy Trust and Trust Distribution Procedures


VIII. ROUNDTABLE DISCUSSION

3:50 - 4:30 Jeffrey S. Cooper, Christina Dubis, William C. Foote, Michael Alan Graham, Andrew OŽBrien, Paul E. Petruska, Mary Dianne Rychnovsky and Honorable Daniel J. Stack.

Seminar Summary:

Our experienced faculty will fill you in on the latest case law and current legal trends, including the ever-expanding pool of nontraditional defendants. Learn key techniques to prove liability and successfully advocate for your clients in and out of court. (see full course description)

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