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How to Get the - HB Litigation Conferences

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HB Litigation Conferences Presents
Trying an Asbestos Case – How to Get the “W”
January 25, 2011
Chair and Faculty Biographies
Conference Chairs
Colin K. Kelly is a partner in the firm’s Products Liability and Litigation & Trial Practice Groups. He
focuses his practice in the areas of products liability, toxic torts and complex commercial litigation. Mr.
Kelly has a history of trying difficult cases in difficult places. In 2010 he tried three fatal cancer cases to
verdict in Miami, Ft. Lauderdale, and Waycross, Georgia for Union Carbide Corporation. In addition to
national trial work, Mr. Kelly has litigated complex matters for more than 10 different Fortune 500
companies and has prepared more than 100 cases for trial in 10 different states. In 2008, Mr. Kelly was
appointed to serve as a member of the Access to Justice Committee of the State Bar of Georgia. He is also
a multi-year member of the Board of Directors of the Young Lawyer Division of the State Bar of Georgia.
Mr. Kelly serves as secretary of the board of directors for the Juvenile Justice Fund, a large, non-profit
organization that provides services to children through Atlanta juvenile courts. In April 2003, Justice P.
Harris Hines of the Georgia Supreme Court presented Colin with the Glenda Hatchett Volunteer of the
Year Award for “outstanding public service and dedication to the children and families of Fulton County
Georgia.” Mr. Kelly received his J.D. degree from West Virginia University in 2001, where he was an
articles editor for the West Virginia Law Review and winner of the 2001 West Virginia Trial Invitational.
Upon graduation, he was awarded the Order of the Coif, the Order of the Barristers and the Patrick Duffy
Koontz Leadership Award. He received his B.A. in political science from Davidson College in 1998.
Richard D. Meadow has been a practicing trial attorney for more than 24 years. He has represented the
rights of individuals who have been injured by pharmaceuticals, medical devices, asbestos, medical
malpractice, defective products, construction defects, lead poisoning, and motor vehicles, as well as the
negligence of premises owners and municipalities. Mr. Meadow also has extensive experience in the
representation of large national insurance companies as an insurance defense attorney. This experience
provides a 360 degree perspective of the practice of tort law in the United States. He is the Managing
Attorney of the New York office of The Lanier law Firm, the Chair of the Lanier Law Firm's
Pharmaceutical Litigation Division and serves on the Plaintiffs' Steering Committee of several national
litigations. Mr. Meadow has successfully tried over 25 cases to verdict. Since joining the Lanier Law
Firm, he was part of the trial team that obtained plaintiffs' verdicts in the Vioxx litigation in excess of
$300 million. As part of the trial team at his former firm, he obtained jury awards of over $53 million and
$47 million for his clients. Both verdicts appeared in the National Law Journal's list of largest verdicts in
2002 and 2003, respectively. He has settled millions of dollars in claims and argued appeals before the
New York and New Jersey Appellate Divisions. A graduate of California Western School of Law (J.D.
1984) and Rutgers University (B.A. 1979), Mr. Meadow is licensed to practice law in New York State,
New Jersey and Pennsylvania, numerous Federal Courts and is admitted to the Bar of the United States
Supreme Court. He is currently serving as Co-Liaison Counsel for the New Jersey Coordinated Levaquin
litigation before Judge Carol Higbee. An active participant in New York and National Bar Associations,
Mr. Meadow currently serves on the Board of Directors of the New York State Trial Lawyers Association.
Mr. Meadow has lectured at numerous legal conferences and has been appointed to many committees that
explore issues germane to the medical and legal communities. Born in New York, he currently resides in
Manhattan with his wife, Kirsten, and is the proud father of Ruby and Joshua.
8:30
Plaintiff-Family Intake and Defendant-New Client Intake: Questions to Ask
Ross Stomel is an attorney at Shrader & Associates, LLP. Ross received his bachelor’s degree from the
University of Texas at Austin and his law degree from South Texas College of Law where he graduated
cum laude and served as Assistant Editor-in-Chief of South Texas Law Review. Mr. Stomel has been
immersed in toxic tort law since the beginning of his career. He represents plaintiffs in cases involving
products liability, premises liability, catastrophic injuries, and wrongful death, with an emphasis on
complex mass tort cases. During his career, Mr. Stomel has successfully represented injured individuals
in toxic tort and personal injury cases obtaining millions of dollars of recoveries for his clients. He has
been elected to The Million Dollar Advocates Forum. This forum has been recognized as one of the most
prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won
million or multimillion dollar verdicts and settlements. Less than 1% of U.S. lawyers. Mr. Stomel is
licensed to practice in all Texas State Courts, The United States District Court for the Southern District of
Texas, and The United States District Court for the Eastern District of Texas. He is also a member of the
State Bar of Texas, Houston and American Bar Associations, Texas Trial Lawyers Association, and the
American Association for Justice.
Rebecca Vinocur exclusively represents victims of asbestos exposure and their families including
persons suffering from mesothelioma and lung cancer. She has assisted in obtaining multiple million
dollar verdicts and settlements for her clients since she began practicing in the asbestos field in 2001. Ms.
Vinocur gains the trust of her clients by taking the time to get to know her clients, their families, hopes,
fears and dreams. She is able to establish a relationship with her clients that is the single most important
factor in successfully prosecuting their cases. This relationship lasts long after the asbestos case has been
resolved. Ms. Vinocur graduated from the University of Michigan in 1996 and the University of Miami
School of Law in 2001. She began working as a law clerk for the Lipman Law Firm in 1998 and entered
the practice as an attorney upon graduation from law school. Ms. Vinocur is admitted to practice in
Florida and Mississippi. In addition, she has handled asbestos cases in New York, New Jersey,
Philadelphia, California, Nevada, Illinois, Maryland and Massachusetts. She participates in local and state
trial law associations. In her spare time, Ms. Vinocur is a founding trustee of Jewish Women Foundation
of Broward County and volunteers as an advocate for the rights of women in need.
Sharla J. Frost has served as first chair in more than 40 asbestos trials. She has obtained multiple
defense verdicts on behalf of clients in Texas, California and Kentucky. She co-founded Powers & Frost,
where she serves as Managing Partner. Selected as the 2011 President of Litigation Counsel of America,
an invitation only honorary trial society, Ms. Frost brings strategic guidance and courtroom experience to
the litigation challenges faced by her clients. Ms. Frost is licensed in five states and has appeared by pro
hac vice in ten others. She is AV Peer Review rated, Martindale Hubbell’s highest peer review
recognition for ethical standards and legal ability. She has been recognized as a Texas Super Lawyer by
the Texas Monthly magazine for each year since 2005. Ms. Frost is a frequent speaker on litigation
related topics on a wide range of topics. She serves as a member of the Supreme Court Nominee
Evaluation Committee of the National Association of Women Lawyers and is an appointed member of the
DRI Women In the Courtroom Committee. Ms. Frost also serves as Vice-Chair of the Liaison Committee
between DRI and DRI Europe. Ms. Frost received her J.D. from Baylor Law School in 1987.
Robert (Barney) Shultz heads Heyl Royster’s toxic tort and class action practices. His practice currently
focuses on the defense of toxic tort, product liability, pharmaceutical/medical device and class action
claims. He has tried asbestos and products liability lawsuits to verdict throughout the State of Illinois,
including Cook County, and he has also served as trial counsel for asbestos clients in California and West
Virginia. As head of the firm's toxic tort and class action practices he has formed and directed many joint
defense efforts, inside and outside the firm, including the coordination of multiple defense counsel and
computer-assisted litigation management. Mr. Shultz is a Fellow of the American College of Trial
Lawyers and a graduate of the University of Illinois College of Law.
9:15
Preparing the Plaintiff and Defendant for Deposition and Trial
Dr. Robert E. Leone, Esq., is an attorney and the in-house trial psychologist at The Lanier Law Firm.
His pre-trial preparations allow the firm’s clients an inside look at how their case will be received by a
jury. An accomplished lawyer, Dr. Leone joined the firm in 1997 after serving as the Director of Research
at The Wilmington Institute in Dallas, one of the nation’s leading jury research firms. He served as a trial
psychologist in such high-profile cases as the Oklahoma City Bombing, the McDonald’s Coffee Cup case,
the Susan Smith murder trial and the Selena murder trial. Dr. Leone earned his undergraduate degree in
Psychology from Fairleigh Dickinson University in 1970, where he also earned a graduate degree in
Research Design in 1976. Dr. Leone received his Doctorate in Clinical Psychology from U.S.
International University in San Diego in 1983, and earned his law degree from Texas Wesleyan
University School of Law in 1993. While at Texas Wesleyan, Dr. Leone helped establish the school’s first
legal fraternity, Delta Theta Phi, and was also SBA President, Order of the Barristers, and Managing
Editor of Texas Wesleyan Law Review. Dr. Leone live in Houston with his amazing wife Kelly, and takes
great pride in his wonderful children Natalie, Veronica, Johny and Shannon.
Moshe Horn, a partner at Seeger Weiss, has earned a national reputation as a trial lawyer as well as an
insightful trial strategist, and is skilled in the nuances of jury research and selection in both civil and
criminal matters. He contributes broadly to the firm's commercial litigation practice and handles private
criminal and personal injury matters as well. He regularly interfaces with jury consultants and conducts
mock jury exercises, and consequently can share his insight about juries with current clients. Before
joining Seeger Weiss in 2005, Mr. Horn spent a decade as an Assistant District Attorney (ADA) in the
Manhattan District Attorney's office where he tried more than fifty jury trials to verdict, achieving one of
the highest conviction rates in the Manhattan office. He achieved successful outcomes in cases of both
violent and white collar crime, including homicides, sex crimes, kidnapping, money laundering and
extortion. In addition, he served as a member of the Sex Crimes Unit and the Asian Gang Unit, as well as
a domestic violence coordinator in his trial bureau, and his work resulted in numerous grand jury
indictments, many of which required advanced wiretapping techniques and the use of undercover officers.
He also regularly participated in the office trial advocacy training program and supervised many young
lawyers in their development as litigators. Mr. Horn transferred this vast trial knowledge into the practice
of products liability and mass tort litigation at Kaye Scholer, a leading New York law firm, where he
worked on products liability and commercial and white collar litigation matters. At Kaye Scholer Moshe
served as a primary trial strategist, bearing active responsibility for the preparation and execution of
numerous focus groups and mock trials, as well as the conception and development of advanced trial
graphics and jury questionnaires. During his tenure there, Mr. Horn served on the trial teams for
numerous mass tort trials including pharmaceutical, asbestos and commercial trials. To continue his focus
on mass tort litigation, Mr. Horn joined Seeger Weiss, and was a member of the trial team that achieved a
$47.5 million verdict against Merck for a client's Vioxx related injuries. In 2010, Mr. Horn was co-lead
counsel on a personal injury trial concerning Post Traumatic Stress Disorder which produced a multi
million dollar verdict in upstate New York, as well as a member of another trial team that produced a 1.4
million dollar verdict on a personal in jury trial in Manhattan.
Christopher M. Tauro is a partner at Edwards Angell Palmer & Dodge LLP in Boston. His practice
focuses on resolving his clients' complex civil litigation matters quickly, efficiently, and in line with their
legal and business objectives. He has extensive federal and state litigation experience in addition to
advising clients on a range of legal issues. Mr. Tauro represents a broad spectrum of clients including
Fortune 500 companies, insurance companies, small businesses and individuals. He has mediated matters
and litigated and tried lawsuits in state and federal courts in multiple jurisdictions. Prior to joining
Edwards Angell Palmer & Dodge LLP, Mr. Tauro had been a partner in private practice in Boston and
obtained extremely successful results in multiple jurisdictions for his clients. He was an Assistant U.S.
Attorney for the District of Massachusetts from 1997 to 2001 where he defended the United States in
complex civil litigation, including various federal agencies in age, sex and race discrimination cases.
Deborah K. St. Lawrence Thompson is counsel in the Baltimore office of Miles & Stockbridge, where
she represents a broad array of clients in a variety of commercial litigation, employment law, and
products liability matters. Ms. St. Lawrence Thompson also assists major corporations, educational
institutions, businesses and city and state municipal organizations in the development and establishment
of employment policies and procedures, and she has extensive experience training managers, supervisors,
EEO investigators and staff on EEO and supervisory and disciplinary matters. During her 13 years of
practice, Ms. St. Lawrence Thompson served as senior trial counsel in the Office of General Counsel to a
major university in Washington, D.C., as well as Chief Solicitor of Labor, Employment and Personnel for
Baltimore City for five years. Ms. St. Lawrence Thompson has tried several cases to verdict on behalf of
various universities and corporations, handling cases in Maryland, Pennsylvania and Washington, D.C.
These matters have included products liability, insurance matters and employment law issues. Before
joining Miles & Stockbridge, Ms. St. Lawrence Thompson was a partner at Brown & Sheehan. She holds
a B.Sc. with Honors from the University of the West Indies (1990), and a J.D. with Honors from the
University of Maryland School of Law (1997).
10:15 Preparing an Industrial Hygienist for Trial
Michael Weathersby is a founding member of Evert Weathersby Houff and is based in the Atlanta office.
In the American court system and abroad, Mr. Weathersby has acted as a chief strategist and counselor
for defendants in mass tort litigation and, as such, has structured defense strategies and developed
witnesses in many areas of medical science, public health, epidemiology, occupational medicine,
engineering, industrial hygiene, human factors engineering and warnings, industrial history, government
contracting, metallurgy, physics and other areas. He has defended several companies in asbestos litigation
since the early 1980’s and has served as national trial counsel and as national coordinating counsel in
defending more than one such defendant. He has had trial supervisory responsibility for more than
100,000 cases and has tried cases involving hundreds of plaintiffs and lasting as long as seven months. Mr.
Weathersby is licensed to practice in the courts of Georgia, Florida, Texas, and the District of Columbia.
He has acted as lead counsel in cases in at least ten states. He has had less direct trial responsibility in
cases in at approximately 30 states.
Marc P. Weingarten is a senior partner in the Locks Law Firm in Philadelphia, PA. He is licensed to
practice in Pennsylvania, New York and Kentucky. He received his undergraduate degree from Temple
University in 1973, magna cum laude and received his Juris Doctor degree from Villanova University
School of Law in 1976. Mr. Weingarten has tried major jury trials to verdict in eight different states and
has concentrated his practice in asbestos, pharmaceutical, product liability and class action litigation. Mr.
Weingarten is a former Co-Chair of the International Practice Section of AAJ (American Association For
Justice) and is a member of AAJ’s International Relations Committee, in addition to serving as a State
Delegate to AAJ from Pennsylvania. Marc is also a member of the Board of Governors of the
Pennsylvania Association For Justice and is the former Comptroller and member of the Board of
Directors of the Philadelphia Trial Lawyers Association. He also has served as a Senior Hearing
Committee Member for the Disciplinary Board of the Supreme Court of Pennsylvania since 2005. Mr.
Weingarten is a member of the Million Dollar Advocates Forum and has published numerous articles and
one book chapter on various areas of complex litigation, in addition to giving presentations throughout
the United States and the United Kingdom on those topics. He has co-chaired several national conferences
on asbestos litigation and has twice been interviewed on BBC Radio Four on the Vioxx litigation. Most
recently, in September, he was co-chair of and spoke at a conference on International Asbestos Litigation
held in London. Mr. Weingarten is certified as a civil trial specialist by the National Board of Trial
Advocacy. In 2003, he was elected to membership in the American Law Institute and has been named a
Pennsylvania Super Lawyer: Plaintiff Personal Injury, Product Liability each year from 2005 – 2010. Mr.
Weingarten has a beautiful wife, four wonderful sons, two exquisite daughters-in-law, three grandchildren
and consistently runs around his backhand.
John Templin, CIH, has 32 years of experience encompassing all aspects of industrial hygiene practice,
which is broadly defined as the recognition, evaluation, and control of occupational health hazards. Mr.
Templin has practiced this discipline in such disparate venues as manufacturing, commercial, retail, office,
medical, residential and institutional facilities, and has experience in academia, government, and private
industry. Mr. Templin joined Materials Analytical Services, Inc. (MAS) in February 2002 as a Senior
Consultant. From 1987 until 2002, Mr. Templin was a Certified Industrial Hygienist, Principal Scientist
and Corporate Consultant at Law/Crandall. His experience includes numerous projects of significant
magnitude and technical complexity. Prior to joining Law/Crandall, Mr. Templin was Director of
Asbestos-Related Services and Chief Industrial Hygienist for CTL Environmental Services, Inc. From
1982 to 1986, Mr. Templin served as an associate industrial hygienist for the Cal/OSHA Consultation
Service. His duties consisted of performing work place evaluations to identify potential occupational
health hazards, preparing written reports to recommend appropriate control alternatives, conducting
employee training programs for both client and Cal/OSHA personnel, and assisting employers in
understanding and complying with Cal/OSHA requirements via seminars, office meetings and telephone
consultations. Prior to joining Cal/OSHA, Mr. Templin was engaged as an industrial hygienist and,
eventually, project manager for an OSHA “New Directions” grant administered by the University of
Houston. Among Mr. Templin’s areas of specialization are asbestos, indoor environmental quality, and
lead-based paint. He has participated in dozens of projects in litigation involving allegations of mold
contamination; and hundreds of cases where personal injury, property damage or both are at issue due to
alleged asbestos exposure arising from the use or presence of asbestos-containing materials in a wide
array of settings. Mr. Templin was awarded a BS in biochemistry in 1976 and a MS in industrial hygiene
in 1980, both from the University of Pittsburgh, and has been continually certified in the comprehensive
practice of industrial hygiene since 1985.
11:15 Voir Dire
Bethann P. Schaffzin concentrates her practice primarily in representing victims of asbestos exposure,
including those who have and are suffering from malignant mesothelioma and lung cancer, as well as
representing others injured by defective products and victims of medical malpractice. She has helped
obtain many multi-million dollar verdicts and settlements for her clients; which has earned her
membership in the Million Dollar Advocates Forum. Her unique perspective in representing and getting
to know a client and his or her entire family have earned her great respect amongst her peers, the judiciary,
her clients and their loved ones. Additionally, she has represented the wives and family members of those
who have worked with asbestos and who have developed mesothelioma and lung cancer from exposure to
a loved one’s clothing. She has an extensive working knowledge of many trades at risk for asbestos
exposure as well as asbestos-containing products. Ms. Schaffzin graduated from the George Washington
University in 1989 and from Villanova Law School in 1992. After completing a clerkship with the
Honorable Sandra Mazer Moss involving litigation focused on toxic products such as asbestos,
diethylstilbestrol (DES), breast implants, lead paint, as well as medical malpractice, and professional
liability cases, she entered private practice where she specializes in helping those diagnosed with
malignant mesothelioma and lung cancer from asbestos exposure. Ms. Schaffzin is admitted to practice in
Pennsylvania and New Jersey and is a member of and sits on committees for local, state and national trial
lawyer associations. She has published articles and has been invited to lecture to various audiences,
including unions and their members, the medical community, and her peers in the legal profession. In
addition to time dedicated to her career, Ms. Schaffzin is very involved with the National Foundation for
Celiac Awareness and helps people diagnosed with celiac disease learn to adapt to the world of gluten
free living and regaining their health. Ms. Schaffzin also volunteers her time helping cancer patients and
their families cope with illness.
Lee J. Janiczek has significant jury and non jury trial experience in both the civil and criminal arenas. He
has been appointed by the Court and currently serves as liaison counsel for the Northampton County
asbestos litigation. He is a member of the Philadelphia, Pennsylvania and American Bar Associations. He
provides pro bono representation through the Homeless Advocacy Project of Philadelphia, is active with
the Friends of the American Red Cross and is a nominee of the National MS Society Leadership Class of
2004. Mr. Janiczek represents a number of corporations, insurance companies and individuals in various
matters including motor vehicle and premises liability, personal injury litigation, trucking and
transportation defense, toxic torts, subrogation and land use/zoning related matters. Mr. Janiczek is a
graduate of The Pennsylvania State University (B.S. 1989) and obtained dual J.D./M.B.A. degrees from
Widener University School of Law and Widener University School of Management in 1992. He was
admitted to the Pennsylvania Bar immediately following graduation and served as an Assistant District
Attorney in the Trial Division of the Delaware County District Attorney's Office until December 1997.
Upon leaving the District attorney's, office he worked with an insurance defense litigation firm in
Philadelphia until the founding of Reilly, Janiczek & McDevitt, P.C. in January of 2000.
Dr. Michael A. Biek is a Senior Director for the Pennsylvania office of DecisionQuest. DecisionQuest is
the nation’s largest jury consulting firm with research and graphics offices around the country. Dr. Biek
has conducted mock trial research and/or helped to select juries in over 600 cases since 1993. Dr. Biek
has conducted research on multiple toxic tort, premises liability, patent, employment, defamation,
contract, and professional malpractice cases. Dr. Biek obtained his Ph.D. degree in Psychology from
Texas A&M University, where he served as an instructor of social psychology and experimental
methodology, and published articles on attitudes and persuasion. His research strengths include designing
and analyzing statistical studies in support of venue motions and for jury selection, as well as conducting
pre-trial research geared to strengthening the themes of a case. He also has substantial experience
consulting on trial strategy before and during trial in order to help counsel maximize the effectiveness of
their presentations to the jury.
1:15
Daubert/Frye Hearing: Low Dose Chrysotile Extrapolation/Causation
Lawrie Demorest is a member of Alston & Bird’s Products Liability practice group and focuses her
practice on complex litigation including mass torts, class actions and commercial matters. She has
experience defending toxic tort, medical device and pharmaceutical and consumer products cases in a
variety of jurisdictions, all of which involve extensive work with expert witnesses in various fields of
science and medicine. She has served on several national trial and litigation teams including multi-district
litigation and class actions, and has tried approximately 60 cases to juries with a highly favorable success
rate. Ms. Demorest's representation encompasses pre-litigation counseling, crisis management,
developing and implementing strategies to shut down potential individual and class actions, managing
local counsel and mass trial dockets, and effecting settlements through alternative dispute resolution and
non-litigation solutions. Specific to the conference at hand, she serves on the national trial team for a
Fortune 50 chemical manufacturer in asbestos litigation. She is a member of the Defense Research
Institute and a lecturer on topics common to product liability litigation. She is a member of the Board of
Directors of the Human Rights Campaign Foundation and a member of the Board of the National LGBT
Bar Foundation.
Jerry Block is a partner at Levy Phillips & Konigsberg's New York City office. Since joining LPK in
2001, Mr. Block has taken a lead role in litigating mass tort cases. He has won numerous multi-million
dollar jury verdicts. As co-trial counsel with Robert I. Komitor in July 2002, Mr. Block won a jury verdict
of $19.25 million against manufacturers of dangerous asbestos products. In July, 2003, he served as lead
trial counsel against manufacturers of asbestos-containing welding rods. The jury’s verdict, the first in the
nation to be leveled against the manufacturers of defective welding rods, totaled $6.65 million. In August,
2004, a jury awarded two of Mr. Block’s clients coping with mesothelioma a total of $22 million. This
was the largest compensatory verdict in the nation for an asbestos case tried in 2004, and one of the top
verdicts in New York that year. In December 2007, Mr. Block served as lead counsel in two
mesothelioma cases in which the jury awarded a total of $9 million; these two landmark cases were the
first asbestos verdicts in New York arising from the use of commercial cable, valves and steam traps.
Prior to joining LPK in 2001, Mr. Block worked at an international law firm where he gained valuable
experience representing large corporate defendants in complex, multi-party lawsuits. A graduate of
Emory Law School, Jerry served as the "Notes and Comments" editor of the Emory Law Journal. While
at Emory, he received several awards and honors, and was inducted into The Order of the Coif. After
completing his law degree, he worked as a law clerk for the Honorable Jean C. Hamilton of the U.S.
District Court in the Eastern District of Missouri. Born and raised in St. Louis, Missouri, Mr. Block now
lives in Brooklyn with his wife Michelle L. Freedman, a clinical psychologist, and their sons, Charlie and
Simon.
Hon. Joseph R. Slights, III, was appointed to the Superior Court of Delaware by Governor Thomas R.
Carper on November 2, 2000. Judge Slights received his Bachelor of Science in Political Science (with
honors) from James Madison University in 1985, and his Juris Doctorate degree from Washington and
Lee University School of Law in 1988. He was admitted to the Delaware Bar in 1988. He is a member of
the Bars of the United States District Court For the District of Delaware, the United States Court of
Appeals for the Third Circuit, and the United States Supreme Court. Prior to joining the Superior Court,
Judge Slights was an associate in private practice with the firm Richards, Layton & Finger where his
practice focused on corporate litigation. Thereafter, he was an associate with the Law Offices of Sidney
Balick where he practiced in the areas of personal injury, commercial litigation and white collar criminal
defense. From 1992 to 2000, he was a partner with the law firm Morris, James, Hitchens & Williams,
where he practiced in the areas of health law, corporate and commercial litigation and white collar
criminal defense. He was Vice Chairman of the Health Law practice group and Chairman of the firm’s
recruiting committee. Judge Slights has been elected to serve on The American Law Institute. He is a
member of the American Bar Association and the Delaware State Bar Association. He is a past Chairman
of the Health Law section and currently serves as the Judicial Member of the Executive Committee of the
Delaware State Bar Association. He is a past President of the Richard S. Rodney Inn of Court. He is a
charter member of the American College of Business Court Judges, a member of the Advisory Board for
the Georgetown University Law Center’s e-Discovery Institute, a member of the National Advisory
Council of the American Judicature Society, a member of the AJS Carpenter Jury Center Advisory and
Editorial Committee, and an adjunct professor at Widener University School of Law. He is a recipient of
the Delaware State Bar Association’s Distinguished Mentoring Award and the Middle States Council of
the Social Studies Distinguished Service Award (recognizing his long time involvement in, and
commitment to, the High School Mock Trial program). He has authored or co-authored several articles,
including “Alternate Dispute Resolution and Court-Appointed Experts,” Pepperdine Dispute Resolution
Law Journal, Vol. 6, No. 3 (2006); and “The History of Delaware’s Business Courts,” Business Law
Today, Vol. 17, No. 4 (March/April 2008). He presides over the Court’s Seroquel® litigation docket and
is a member of the Court’s Complex Commercial Litigation Division. Judge Slights’ current term ends
November 2, 2012.
John Templin, CIH, has 32 years of experience encompassing all aspects of industrial hygiene practice,
which is broadly defined as the recognition, evaluation, and control of occupational health hazards. Mr.
Templin has practiced this discipline in such disparate venues as manufacturing, commercial, retail, office,
medical, residential and institutional facilities, and has experience in academia, government, and private
industry. Mr. Templin joined Materials Analytical Services, Inc. (MAS) in February 2002 as a Senior
Consultant. From 1987 until 2002, Mr. Templin was a Certified Industrial Hygienist, Principal Scientist
and Corporate Consultant at Law/Crandall. His experience includes numerous projects of significant
magnitude and technical complexity. Prior to joining Law/Crandall, Mr. Templin was Director of
Asbestos-Related Services and Chief Industrial Hygienist for CTL Environmental Services, Inc. From
1982 to 1986, Mr. Templin served as an associate industrial hygienist for the Cal/OSHA Consultation
Service. His duties consisted of performing work place evaluations to identify potential occupational
health hazards, preparing written reports to recommend appropriate control alternatives, conducting
employee training programs for both client and Cal/OSHA personnel, and assisting employers in
understanding and complying with Cal/OSHA requirements via seminars, office meetings and telephone
consultations. Prior to joining Cal/OSHA, Mr. Templin was engaged as an industrial hygienist and,
eventually, project manager for an OSHA “New Directions” grant administered by the University of
Houston. Among Mr. Templin’s areas of specialization are asbestos, indoor environmental quality, and
lead-based paint. He has participated in dozens of projects in litigation involving allegations of mold
contamination; and hundreds of cases where personal injury, property damage or both are at issue due to
alleged asbestos exposure arising from the use or presence of asbestos-containing materials in a wide
array of settings. Mr. Templin was awarded a BS in biochemistry in 1976 and a MS in industrial hygiene
in 1980, both from the University of Pittsburgh, and has been continually certified in the comprehensive
practice of industrial hygiene since 1985.
2:15
Opening Statements
W. Mark Lanier founded The Lanier Law Firm in 1990. Since then, Mr. Lanier has earned widespread
recognition as one of the top trial lawyers in the United States. His work for clients across the country is
supported by firm offices in Houston, New York, Los Angeles and Palo Alto, California. Mr. Lanier
consistently is recognized among the country’s leading legal minds by his peers and the media. The
National Law Journal named him one of nation’s Top 10 Trial Attorneys in 1998 and 2006, the same year
the publication named Mr. Lanier as one of the 100 Most Influential Lawyers in America. In 2010, The
National Law Journal named Mr. Lanier as one of the most Influential Attorneys of the Decade. He has
earned similar honors from other publications, including The American Lawyer and Texas Monthly. He
was further recognized by being included in Lawdragon’s list of 500 Leading Lawyers in America for
2010. In its coverage of Mr. Lanier’s stunning verdict in the nation’s first Vioxx trial, The New York
Times described him as “one of the top civil trial lawyers in America . . .” What the news clips can’t
measure or define is Mr. Lanier’s commitment to his clients and the passion he brings to every case.
Often motivated by injustice and a sense of fair play, Lanier has helped even the score for individuals as
well as large corporations. In addition to national recognition, Mr. Lanier also has earned accolades from
his peers in Texas. In a statewide attorney survey published in Texas Monthly magazine, Lanier has
earned selection to the “Texas Super Lawyers” list in 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010.
In 2002, Texas Lawyer newspaper named Lanier as one of the Top 5 “Go To” Personal Injury Plaintiff
Attorneys in Texas. The same publication named Lanier as its 2005 “Impact Player of the Year” and later
recognized him as the Top Personal Injury Lawyer in Texas in 2007. Most recently they named Mark as
one of the Top 25 Attorneys of the Past Quarter Century. Mr. Lanier’s courtroom work has resulted in
feature articles in The Wall Street Journal, The American Lawyer, Texas Lawyer, The New York Times,
New York Lawyer, The National Law Journal, Los Angeles Times, The Boston Globe, Houston Chronicle
and Bloomberg, among others. He also is a frequent guest on news shows such as CNBC’s “Squawk
Box” and Fox News’ “Your World With Neil Cavuto”.
David Speziali is an attorney with Speziali, Greenwald & Hawkins in Williamstown, New Jersey.
3:15
Closing Statements: Best Practices
Timothy McGowan, a partner at Kelley Jasons McGowan Spinelli & Hanna, joined the firm in 1991,
following seven years as an Assistant District Attorney in Philadelphia. His practice is focused on product
liability defense, with particular expertise as trial counsel in asbestos and other mass tort litigation. Mr.
McGowan has obtained more than 100 defense verdicts as lead or sole trial counsel in courts throughout
the country. He has tried cases in Delaware, Pennsylvania, New Jersey, Maryland, Illinois, Ohio, Iowa,
Kentucky, Texas, Indiana, Michigan, Maine, Massachusetts, California, Rhode Island, West Virginia and
Wisconsin. His work in this area has included successful defense of punitive damage claims, catastrophic
injury and wrongful death matters. In addition to his active trial practice, Mr. McGowan spends
considerable time on witness development and general litigation strategy for a broad range of clients. He
is a frequent lecturer at various national conferences and seminars relating to asbestos trial practice,
medicine and state of the art. He holds a B.A. from Pennsylvania State University (1982) and a J.D. from
Temple University School of Law (1985).
Thomas H. Hart III maintains his practice at the Law Offices of Thomas H. Hart III, in Christiansted, St.
Croix and Summerville, SC. Mr. Hart was the Lead Class Counsel in the first successful nationwide
asbestos class action. His experience includes court appearances in more than 30 states, having tried
cases to verdict in 16 states. He personally represented international clients in France, Dominica, St.
Lucia, St. Vincent, Cote d’Ivoire, Burkina, Faso, Costa Rica and Brazil. A frequent speaker at industry
conferences, Mr. Hart has been an instructor of legal writing at the University of South Carolina School
of Law since 1984. He is a fellow of the International Academy of Trial Lawyers and a member of the
Virgin Islands and American Bar Associations. Mr. Hart holds a B.A. from Furman University and a J.D.
from the University of South Carolina, where he was articles editor of the South Carolina Law Review.
4:00
Settlement Conferences: Making the Most of Them for All Parties
Lynne M. Kizis is a Shareholder and Director of Wilentz, Goldman & Spitzer, P.A., Woodbridge, New
Jersey and co-administers the Mass Tort/Class Action team comprised of 26 attorneys and 44 support
staff working in New York, New Jersey and Pennsylvania. She has focused on complex, class action and
mass tort litigation on behalf of plaintiffs since joining Wilentz in 1989. In trial and appellate courts, Ms.
Kizis has provided successful and compassionate representation to victims of asbestos and other
occupational, toxic, and environmental injuries, as well as defective drugs and medical devices, consumer
fraud, unfair insurance practices, and dangerous products. Ms. Kizis has been distinguished as a New
Jersey Super Lawyer for Class Action and Mass Tort and Best Lawyers in America. Her team is rated top
tier nationally and in New Jersey by US News and World Report. Ms. Kizis is actively involved in
numerous professional organizations, including the Board of Governors of the New Jersey Association for
Justice, and she co-chairs its Women Trial Lawyers' Caucus. She serves on the Middlesex County, New
Jersey, Asbestos Advisory Council since 1996 to the present. Ms. Kizis is a 1987 Honors graduate of
Seton Hall Law School and a proud alum of Lafayette College, Class of 1984.
Bernadette W. Catalana is a lawyer in Rochester, New York. She focuses her practice on all aspects of
civil litigation, including trials and appeals. During the course of her career, Ms. Catalana has represented
plaintiffs as well as defendants. Her clients include large companies, small businesses and individuals.
She also serves as liaison counsel for the defendants in mass tort litigation in New York State. Before
practicing law, Ms. Catalana had a business career, including successful completion of the prestigious
Chase Professional Development Program. Her strong background in business has served Ms. Catalana
well in her legal career, particularly in the areas of relationship development and negotiation. Ms.
Catalana is active in her community, receiving several awards for community service. She has received
recognition in Rochester as both a business woman and a lawyer. She currently serves as Board Chair of
the nationally known and respected nonprofit publisher of poetry, BOA Editions, Ltd.
5:00
Judicial Panel Discussion
Hon. Martin Shulman was appointed in May 2009 an Associate Justice of the Appellate Term, First
Judicial Department, which hears appeals from cases originating in the lower New York City Civil and
Criminal Courts. Among other matters, Justice Shulman also maintains an active Supreme Court Part
presiding over condemnation, tax certiorari, civil asset forfeiture, asbestos exposure and drug product
liability cases. Justice Shulman is active in a number of bar associations/civic organizations, has authored
articles in the complex field of rent regulation, lectures before bar groups and participates in various legal
clinics at New York City law schools. Admitted to the New York State Bar in 1982, Justice Shulman had
been a government attorney and afterwards engaged in private practice for seven years until his 1994
election as New York City Civil Court Judge. He was re-elected for a second 10 year term. Appointed an
acting Supreme Court Justice in 1998, Justice Shulman was elected a New York State Supreme Court
Justice in November 2005, and from 2000 to 2009, also served as Supervising Judge of the New York
County Civil Court. Born in Hazleton, Pennsylvania in 1955, Justice Shulman received his A.A.,1977
(magna cum laude), B.A., 1978 (cum laude) from Yeshiva University and a J.D., 1981, from Benjamin N.
Cardozo School of Law.
Hon. Sandra Mazer Moss, a member of the First Judicial District of Philadelphia, Pennsylvania, is the
Coordinating Judge of the Complex Litigation Center, supervising several judges handling complex Mass
Torts, Class Actions, Major and Non Jury, and Products Liability cases. She was the founder and first
Supervising Judge of the Complex Litigation Center creating ground-breaking programs in asbestos, DES,
L-Tryptophan, lead paint, breast implant, bone screw, Norplant, repetitive stress syndrome, medical
malpractice, and general products liability litigation. She received a B.S. in journalism and a J.D. from
Temple University and practiced law for eight and a half years specializing in medical malpractice,
products liability and toxic torts. Judge Moss was a founding member and chair of the State Judges Mass
Tort Litigation Committee (MTLC founded in 1991), which was the first national organization to develop
common approaches to problems in mass tort litigation and for eight years was a standing committee of
the Conference of Chief Justices. She also testified before the United States Senate Judiciary Committee
concerning legislative and judicial solutions to the asbestos problem nationwide and addressed the
Conference of Chief Justices and the Federal Court’s Multi-District Litigation Judges on managing
complex litigation. She is chair of the First Judicial District’s Civil Rules Committee and co-chair of Civil
Conversations, a monthly Judicial Education Seminar. She was appointed by President Judge Darnell
Jones as co-chair of the newly formed Senior Judges Committee. Judge Moss is also an executive
committee member of the Pennsylvania Conference of State Trial Judges, the Law Alumni Association of
Temple University Beasley School of Law and the Brandeis Law Society. She is the 2007-2008 President
of the Temple American Inn of Court and a National, at-large Board Member of the American Inns of
Court. Judge Moss received the Philadelphia Bar Association’s 2007 Justice William J. Brennan Jr.
Distinguished Jurist Award which recognizes a jurist who adheres to the highest ideals of judicial service.
She was also selected as the Beasley School of Law’s Certificate of Honor Recipient at Temple
University’s Founders Day Celebration 2008. Judge Moss has been a faculty member at the National
Judicial College since 1992 teaching Civil Procedure and Complex Litigation to Judges from across the
country. She has actively participated on the Editorial Advisory Board of the State/Federal Judicial
Observer published by the Federal Judicial Center and as an Advisory Committee member of George
Washington University’s Law and Science Project. She has taught at Temple University’s Beasley School
of Law, Weidner Law School, Drexel University Honors Program, Philadelphia City Solicitor’s Office,
Philadelphia and Pennsylvania Bar Associations, Pennsylvania Bar Institute and the Pennsylvania
Conference of State Trial Judges. Judge Moss is married to Bill Deane, a Professor at Arcadia University
and Development Director of St. Joseph Hospital’s Nursing School. Their “prefabricated family” includes
four children and two grandchildren.
Hon. Joan A. Madden of the Supreme Court of the State of New York, New York County, was elected
to the Supreme Court in 1998 and has served as a trial judge in the Civil Term since election. Justice
Madden is presently assigned to an Individual Assignment Part presiding over cases from inception
through final disposition; responsibilities include determination of procedural and substantive motions,
supervising discovery, settlement negotiations, and conducting jury and non-jury trials. In addition to
asbestos litigation, Justice Madden hears cases involving the law of contracts, employment discrimination,
medical and other professional malpractice, labor law, negligence, real property, and arbitration, and
Article 78 proceedings. Justice Madden was first elected to Civil Court in 1992; served as a trial judge in
Criminal Court from 1992 through 1993 and in Civil Court from 1994 through mid-1997, and as an
Acting Supreme Court Justice from May 1997-December 1998. Justice Madden graduated from Fordham
University School of Law, J.D., in 1973.
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