Toxic Tort and Environmental Litigation: Trends & Strategies
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
Charles R. Wilbanks, Partner
Adams and Reese LLP
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
- Types of Toxic Torts Applicable
- Other Mining Exposures
- How Best Used in Toxic Tort Case
- Affirmative Defenses
- Third Party
- Prepare Client
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
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.
Charles R. Wilbanks, Jr. is a trial lawyer with more than 30 years of experience practicing law in Mississippi and …
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.
Matt Dowd is an experienced trial lawyer who has a national practice advising clients in product liability defense matters, including …
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.
Ann I. Park, Of Counsel in the Los Angeles office of Foley & Mansfield, has extensive experience in toxic tort …
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Method Of Presentation:
General knowledge of toxic tort law and environmental law
NY Category of CLE Credit:
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About Adams and Reese LLP
Adams and Reese is one of the largest regional law firms in the United States. The firm has approximately 300 attorneys and government relations professionals in Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, Tennessee, Texas, and Washington, D.C. As an Am Law 200 firm, the firm takes a progressive approach to the professional services they provide their clients, as well as the way they manage their firm internally. The firm’s primary commitment is to provide their clients with the highest quality legal service in the most prompt, cost effective and efficient manner possible.
Their attorneys represent businesses in virtually every major industry. Their clients include local, regional, national and international companies; agencies; municipalities; universities; and individuals and families.
About Foley & Mansfield
Foley & Mansfield is a national business and insurance defense firm with offices in 16 U.S. cities. Firm attorneys have successfully defended thousands of cases nationwide and have tried numerous multiparty cases to defense verdicts.