Training Course Syllabus:

Effectively Handle Asbestos Claims

Round out your knowledge of asbestos, its case history and recent fraudulent developments, so you´re 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 O´Brien.

• 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 O´Brien.

• 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 O´Brien.

• 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 O´Brien, 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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