Broadcast Date: Tuesday, August 31, 2021
from 3:00 pm to 5:00 pm (ET)
Overview:
The past years have recorded a significant number of punitive damages awards in asbestos-related lawsuits. However, granting of punitive damages awards can pose critical issues in asbestos litigation. This is because the potential for punitive damages can profoundly affect the plaintiff verdict and may increase the settlement values of asbestos-related claims.
As punitive damages continue to pose uncertainties in current cases, counsel to businesses must be thorough in analyzing such claims. They must also prepare for efficient litigation techniques to avoid pitfalls.
In this LIVE Webcast, a panel of distinguished professionals assembled by The Knowledge Group will provide an in-depth discussion of punitive damages in asbestos litigation. Speakers will also share recent developments and notable court rulings and will offer best practices to ensure success in this type of litigation.
Key topics include:
- Asbestos Litigation: Trends and Statistics
- Notable Asbestos Cases and Court Rulings
- Impact of Punitive Damages on the Settlement of Asbestos Claims
- Best Litigation Techniques
- What Lies Ahead
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
Prerequisite:
General knowledge of litigation
Course Code:
149718
NY Category of CLE Credit:
Area of Professional Practice
Total Credits:
2.0 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:
Timothy L. Krippner, Shareholder
Segal McCambridge Singer & Mahoney, Ltd.
Timothy L. Krippner represents dozens of manufacturers in product liability and toxic tort matters throughout the United States. His current responsibilities include retention as trial, local, regional and national coordinating counsel. Mr. Krippner also has considerable experience defending general product liability, professional liability, medical malpractice and construction matters. At Segal McCambridge Singer & Mahoney, Mr. Krippner served on the firm’s Executive, Marketing and Budget Committees during a period of growth from one local office, to offices in Chicago, Austin, Detroit, Jersey City, New York, Philadelphia, and St. Louis.
Nicole MacKenzie, Managing Director
Williams Kastner
Nicole MacKenzie is Managing Director of Williams Kastner, and a Member in the firm’s Seattle office. Her practice focuses on product liability and mass torts. Ms. MacKenzie manages several accounts, serves as local trial counsel for multiple clients and is a lead member of the National Coordinating Counsel team for several clients. She served as Vice Chair/Chair of the firm’s Products Liability and Mass Torts group from July 2015 through December 2020. Ms. MacKenzie is adept at developing and implementing defense strategies in state and federal courts for national asbestos products manufacturers, suppliers, and contractors. Additionally, she has participated in numerous committees to provide input on proposed court procedures, general orders, case management orders, and general asbestos case management protocols for designated defense counsel.
Sungi Lee, Senior Consultant
NERA Economic Consulting
Sungi Lee is a Senior Consultant in NERA’s Global Securities and Finance Practice and his experience includes damages, valuation, mergers and acquisitions (M&A), bankruptcy, and class certification matters in state and federal litigation, mediation, and arbitration. Mr. Lee advises clients on fixed income securities, funds and portfolios, structured products, derivatives, and securitizations and applies economic, financial, and accounting analysis to assess claims and allegations. In addition, he models, projects, and values claims and liabilities in product liability and mass torts cases, including asbestos, silica, coal mine dust, recalls, and automobiles, and transaction due diligence. Mr. Lee also supports academic experts in the preparation of expert reports, deposition, and trial testimony.
Emily Van Tuyl, Associate
Dechert LLP
Based in Dechert’s New York office, Emily Van Tuyl focuses her practice on complex litigation, particularly product liability, mass torts and life sciences matters. She has represented clients in federal and state courts and in a range of capacities, including taking and defending depositions; managing fact and expert discovery; and briefing jurisdictional, discovery, expert (Daubert/Frye) and dispositive motions. Ms. Van Tuyl represents clients in mediation, at trial and on appeal. Her clients include pharmaceutical, biotechnology, insurance, real estate, private equity and internet companies.
Agenda:
Segment 1:
Timothy L. Krippner, Shareholder
Segal McCambridge Singer & Mahoney, Ltd.
- The history and purpose of punitive damages. Why they are inappropriate in asbestos litigation.
- The relevant legal standards for punitive damages in asbestos claims.
- Legal strategies to challenge, reduce and/or eliminate punitive risk prior to jury consideration.
- Unique challenges that viable punitive damages claims raise in the insurer/insured paradigm.
Segment 2:
Nicole MacKenzie, Managing Director
Williams Kastner
- Plaintiffs’ attempts to apply another jurisdiction’s law in order to get punitive damages on the table in jurisdictions where punitive damages are generally not allowed
- Recognizing and responding to plaintiff tactics to obtain punitive damages without referring to them as such (e.g – Exceptions that eliminate benefit of allocation of fault)
- The importance of developing a strong defense to punitive damages claims early and moving to have them dismissed well before trial
- Jury found your client acted willfully and wantonly. What can you do to minimize the punitive damages award?
Segment 3:
Sungi Lee, Senior Consultant
NERA Economic Consulting
- Largest Talc Case Survives Appeals
- $335 Million in Punitive Damages Awarded in 2019 Trial Verdicts for Mesothelioma Cases
- Differences in Mesothelioma Trial Verdicts
- Economics of a Settlement
- Analyzing the Impact of Punitive Damages
- Sources of Information on Punitive Damages
- Assessing a Recent Development
- Uncertainty Is One of the Major Risks
Segment 4:
Emily Van Tuyl, Associate
Dechert LLP
- How common are punitive damages in asbestos cases (based on recent ABA survey https://www.americanbar.org/groups/litigation/committees/mass-torts/articles/2021/summer2021-the-role-of-punitive-damages-in-asbestos-litigation/)
- The relationship between trial evidence and punitive damages
- To bifurcate or not to bifurcate?
- Constitutional and other legal limits on punitive damages awards (e.g. State Farm)
Date & Time:
Tuesday, August 31, 2021
3:00 pm to 5:00 pm (ET)
Who Should Attend:
- Compliance Officers
- Risk Assessment Managers
- Product Liability Lawyers
- Manufacturers and Processors
- Importers and Handlers
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