Regional CLE Workshop: Contamination Examination:

Transcription

1 Regional CLE Workshop: Contamination Examination: A Workshop on the Changing Face of Chemical Product Liability Claims Sponsored by the ABA Section of Litigation Products Liability Committee Hosted by E. I. du Pont de Nemours and Company DuPont Country Club 401 Black Gates Road

2 Regional CLE Workshop: Contamination Examination: A Workshop on the Changing Face of Chemical Product Liability Claims DuPont Country Club An interactive seminar in which members of the plaintiffs and defense bars, in-house counsel, scientists and members of the judiciary share their views on emerging legal, procedural and factual issues relating to product liability issues in the chemical industry. The Products Liability Committee thanks the following program sponsors for their generous support of this program: E. I. du Pont de Nemours and Company Medical Research Consultants Reed Smith LLP Spilman Thomas & Battle, PLLC Schirrmeister Diaz-Arrastia Brem, LLP Program Co-Chairs: Evelyn H. Brantley Michael Glackin E. I. du Pont de Nemours and Company The Dow Chemical Company Midland, Michigan Marilyn Moberg Reed Smith LLP Los Angeles, California Niall Paul Spilman Thomas & Battle, PLLC Charleston, West Virginia Products Liability Committee Co-Chairs: Stephanie A. Scharf Jenner & Block LLP Chicago, IL Gary J. Spahn Troutman Sanders LLP Richmond, VA

3 Program Agenda 8:45-9:00 a.m.: Registration and Networking Breakfast Welcome & Introductions 9:00-10:00 a.m.: Emerging Issues and Recent Developments in Chemical and Product Liability Law Merton A. Howard Hanson, Bridgett, Marcus, Vlahos, Ruder P.C. San Francisco, CA Keith A. McKenna Keith A. McKenna and Associates Montclair, NJ This educational and entertaining panel will reveal recent significant cases and emerging trends regarding environmental and toxic tort litigation aimed at the chemical manufacturing industry. 10:00-11:15 a.m.: Discovering the New Frontier: Discovery Management in the Age of New Science and New Legal Theories. Niall A. Paul Spilman, Thomas and Battle PLLC Charleston, WV Dara D. Mann Faegre and Benson LLP Minneapolis, MN Janet Y. Bivins E. I. du Pont de Nemours & Company Wilmington, DE Russell T. Abney Watts Law Firm Corpus Christi, TX Honorable Patty Shwartz U.S. Magistrate Judge Newark, NJ This panel will tackle the difficult question of when is it proper to use judicial discovery management tools to control the discovery process in complicated cases involving questions of science and law. You will be able to hear, and ask question about their experiences with the use of "Lone Pine Orders" and other discovery management techniques.

4 11:15-11:25 a.m.: Break 11:25 a.m. - 12:35 p.m.: A Brave New World: The Enforcement of Foreign Judgments in the United States Marilyn A. Moberg Reed Smith LLP Los Angeles, CA Rudy R. Perrino Dole Foods Company Westlake Village, CA Michael Brem Schirrmeister Diaz-Arrastia Brem, LLP Houston, TX Luis Rodriguez Hornblower, Manning, Ward, Harrison, Venecia & Rodriguez Corpus Christi, TX The panel will discuss both legal and practical considerations for companies sued abroad. When sued in a foreign country, should you appear and defend? How do you go about making this decision? If you do appear, what kind of appearance should you make? What is importantly legally in a U.S. enforcement action? What defenses are available to you? What evidence is available to support those defenses? 12:40-2:00 p.m.: Lunch 2:00-3:15 p.m.: For Better or For Worse: The Rocky Marriage Between Administrative Agencies and Civil Litigation Patrick Paul Snell and Wilmer Phoenix, AZ Laurie LaPat-Polasko, Ph.D. Vice President & Principal Scientist Geometrics Consultants Scottsdale, AZ Joseph G. Eaton Barnes & Thornburg LLP Indianapolis, IN Douglas T. Nelson CropLife America Washington, DC Keith A. McKenna Keith A. McKenna and Associates Montclair, NJ

5 A lively discussion of the interplay between administrative agencies (EPA, FDA, etc.) and their processes (Toxic Substances Control Act etc) and the civil litigation of chemical product liability claims. Panel members will share their strategies for using regulatory processes or dealing with parties that use the administrative process to create leverage, pressure or even "science. 3:15-4:30 p.m.: Exposing Exposure: Developing Novel Theories of Recovery in Toxic Tort Litigation Michael Glackin The Dow Chemical Company Midland, MI Lise Spacapan Jenner & Block LLP Chicago, IL Doug Arnold Alston & Bird Atlanta, GA James J. Pizzirusso Cohen, Milstein, Hausfeld & Toll, PLLC Washington, DC Possible Addition of Scientist Faced with the legal impediment that plaintiffs must prove physical injury to recover in tort, plaintiffs attorneys have become more creative in developing legal theories. Accordingly, toxic tort cases involving a variety of novel, alternative causes of action--such as, civil battery, violation of state consumer protection laws, and breach of contractual warranty to name just a few--are growing in popularity. This program will focus on theories of recovery plaintiffs' lawyers are pursuing based solely on exposure to and/or bioaccumulation of chemicals and the legal arguments that defense lawyers can raise in response. 4:30 5:30 p.m.: Cocktail Reception immediately following the Workshop. For additional information about the program, please contact: Marilyn A. Moberg, , mmoberg@reedsmith.com Niall A. Paul, , npaul@spilmanlaw.com

6 REGISTRATION FORM SPACE IS LIMITED! PLEASE REGISTER TODAY TO RESERVE YOUR SEMINAR SEAT. Regional CLE Workshop: A Workshop on the Changing Face of Chemical Product Liability DuPont Country Club 401 Black Gates Road Name Affiliation Address City State Zip Code Telephone Fax ABA Member No. The information submitted on this registration form will be used only to create an attendance list for A Workshop on the Changing Face of Chemical Product Liability. Registration Information $ (Section of Litigation members and Government attorneys) $ (Non-Section members) Checks for attendance and course materials should be made payable to the American Bar Association (no credit cards). I will attend the meeting and my check for $.00 is enclosed. I am unable to attend the meeting, but please send the course materials to the above address, at a cost of $35.00, a check for which is enclosed. Return this form with payment to: Marilyn A. Moberg, Esq. 355 South Grand Ave., Suite 2900 Los Angeles, CA (FAX)

7 Travel and Hotel Information Attendees are responsible for making their own travel arrangements and hotel reservations. Nearby hotels include the Hotel DuPont, 11 th and Market Streets,, and the Sheraton Suites Wilmington, 422 Delaware Avenue,, Scheduled shuttle bus transportation to DuPont Country Club will be provided to all program attendees from the Hotel DuPont on the day of the seminar, courtesy of Spilman Thomas & Battle, PLLC and Schirrmeister Diaz-Arrastia Brem, LLP. MCLE Credit Required sponsor documentation has been forwarded to and credit requested from MCLE states with general requirements for all lawyers. Lawyers seeking credit in Pennsylvania must pay a fee of $1.50 per credit hour directly to the PA CLE Board. The ABA pays applicable fees in other states where the sponsor is required to do so. In states where a late fee may become applicable, the ABA pays this fee as well. Please be aware that each state has its own rules and regulations, including its definition of CLE as well as Ethics. Therefore, certain programs may not receive credit in some states. Please check with your state agency for confirmation of general as well as ethics approval for any program. You may contact Emily O Keefe at the ABA at (312) for confirmation of the number of credits approved by any particular state. Information included in the attendance list is protected by copyright and is solely intended for the individual and private use of ABA members in connection with the ABA s mission, goals and activities. All other use is strictly prohibited without prior written authorization from the ABA. Prohibited use includes but is not limited to the copying, renting, leasing, selling, distributing, transmitting or transfer of all or any portions of the materials, or use for any other commercial and/or solicitation purposes of any type, or in connection with any action taken that violates the ABA s copyright.