Broadcast Date: Tuesday, January 21, 2020
from 12:00 pm to 1:30 pm (ET)
Overview:
Toxic tort and environmental litigation is among the most legally complex and high-risk areas of law. Notable regulatory developments and case verdicts continue to shape this field, that practitioners must keep themselves in the know of emerging trends and updates to avoid pitfalls. Having an in-depth knowledge of effective litigation procedures and case strategies is also necessary to ensure success in this type of lawsuit.
In this LIVE Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will provide the audience with a detailed discussion of the key trends and updates in toxic tort and environmental litigation. Speakers will analyze critical issues as well as present significant defense strategies in this evolving legal climate.
Some of the major topics that will be covered in this course are:
- Toxic Tort and Environmental Litigation: Trends and Statistics
- Notable Cases and Court Decision
- Theory of Liability and Damages
- Effective Case Management and Strategic Litigation Procedures
- Mitigating Red Flags
- 2020 Outlook
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
General knowledge of toxic tort law and environmental law
Course Code:
147800
NY Category of CLE Credit:
Skills
Total Credits:
1.5 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Charles R. Wilbanks, Partner
Adams and Reese LLP
Charles R. Wilbanks, Jr. is a trial lawyer with more than 30 years of experience practicing law in Mississippi and across the United States. He has a national practice advising clients in products liability litigation, including toxic torts, silica, asbestos, medical device and pharmaceutical litigation. He has served as lead trial counsel in courts across the country. Chip also represents clients in landlord/tenant, church law and litigation, insurance defense, real estate and property litigation and construction litigation.
Matthew R. Dowd, Partner
Adams and Reese LLP
Matt Dowd is an experienced trial lawyer who has a national practice advising clients in product liability defense matters, including cases involving silica, asbestos, drugs and medical devices, and safety equipment products. He also advises on commercial litigation, including contracts, collections, real estate, construction, personal injury, premises liability and other matters. Matt has successfully tried numerous cases to verdict in a variety of areas, including several complex product liability and mass tort cases.
Matt also serves as outside general counsel to a variety of businesses, advising on day-to-day operational issues, contracts, transactions and litigation prevention strategies.
Ann I. Park, Of Counsel
Foley & Mansfield
Ann I. Park, Of Counsel in the Los Angeles office of Foley & Mansfield, has extensive experience in toxic tort defense, commercial business disputes, insurance coverage and environmental law matters. Ann concentrates her practice in defending complex, high-risk toxic tort, asbestos products liability and premises liability actions. She is skilled in the complex medical and scientific aspects of defending the firm’s clients in toxic tort lawsuits.
Agenda:
SEGMENT 1:
Charles R. Wilbanks, Partner
Adams and Reese LLP
AND
Matthew R. Dowd, Partner
Adams and Reese LLP
Role of Respiratory Protection in Toxic Tort Cases
- Different Types of Respiratory Protection
- History of Respiratory Protection in the Work Place
- Requirements of the Employer with regard to Respiratory Protection
- Pre-OSHA
- OSHA
- Types of Toxic Torts Applicable
- Asbestos
- Silica
- Welding
- Benzene
- PCB
- Coal
- Other Mining Exposures
- How Best Used in Toxic Tort Case
- Defendants
- Affirmative Defenses
- Third Party
- Plaintiffs
- Prepare Client
- Defendants
SEGMENT 2:
Ann I. Park, Of Counsel
Foley & Mansfield
The Use of Genetics in the Defense of Toxic Tort Actions
- Cancer is a genetic disease – genetics is critical in determining an individual’s susceptibility and predisposition to developing cancer.
- How genes work to cause cancer
- Genetic mutations occur every day in DNA replication, making the formation of cancers inevitable
- We all have cancer – genetics help determine whether the cancer becomes dangerous
- In recent years, scientific research has demonstrated the existence of certain hereditary genetic syndromes that cause or contribute to the cause of mesothelioma
- BAP1 Tumor Predisposition Syndrome
- Li-Fraumeni Syndrome
- ALK Rearrangement
- BAP1 Tumor Predisposition Syndrome (BAP-1 TPS)
- Seminal paper published in 2012
- BRCA-associated protein 1 (BAP1) is an enzyme essential to tumor suppression
- People who inherit a BAP1 gene mutation use the tumor suppression function and develop mesothelioma and other cancers
- Tesla and Carbone have investigated families of multiple members who developed mesothelioma without asbestos exposure
- There is a high proportion of women and persons wither peritoneal mesothelioma who develop mesothelioma with BAP1-TPS.
- Other cancers associated with BAP1 TPS
- How to determine whether BAP1 TPS is a potential cause of mesothelioma
- Proving BAP1 Causation in court
- Persons with BAP1 TPS can develop mesothelioma without asbestos exposure
- The Ortwein case
- Li-Fraumeni Syndrome
- Germline mutation in the TP53 tumor suppressor gene
- Autosomal dominant pattern of soft tissue cancer, including sarcoma, breast cancer, melanoma, ovarian, kidney, and pancreatic cancer.
- Case reports linking Li-Fraumeni to mesothelioma
- ALK Rearrangement
- Genetic mutations in the Anaplastic Lymphoma Kinase gene is a “driver mutation” initiating lung cancer, lymphoma, and kidney cancer.
- Persons developing mesothelioma from ALK rearrangement are generally young women (<age 30) with peritoneal mesothelioma
- Steps in the preparation of a genetic defense in mesothelioma cases
- Conclusion
Date & Time:
Tuesday, January 21, 2020
12:00 pm to 1:30 pm (ET)
Who Should Attend:
- Product Liability Attorneys
- Environmental Lawyers
- Manufacturers and Processors
- Importers and Handlers
- Compliance Officers
- Risk Assessment Managers
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