e Mass, Class or Pass – Making Strategic Decisions in the Big Chemical Case A Regional CLE Workshop on Mass Torts and Class Actions Involving Toxic Torts & Chemical and Industrial Products Sponsored by the ABA Section of Litigation Products Liability Committee Special Guest Panelists Include: Honorable Marina Corodemus (Ret.) Honorable Mary Pat Thynge Corodemus & Corodemus, LLC U. S. District Court for the District of Delaware Iselin, NJ Wilmington, DE Honorable Mark I. Bernstein Honorable Jan R. Jurden Court of Common Pleas of Philadelphia Delaware Superior Court Philadelphia, PA Wilmington, DE Honorable Mark Davidson Harris County District Court Harris County, TX A Regional CLE Workshop on Mass Torts and Class Actions Involving Toxic Torts & Chemical and Industrial Products Thursday, September 18, 2008 DuPont Country Club 401 Black Gates Road Wilmington, Delaware (Half an Hour from the Philadelphia Airport) Registration Deadline is September 11, 2008 An interactive seminar involving nationally known plaintiffs’ lawyers, members of the judiciary, in-house counsel and defense-oriented trial lawyers who will disclose their views on not only the litigation of mass torts and class actions but more importantly the actual trying of such cases. Those attending this event will learn from some of the best how to ready themselves to take these matters to trial and succeed, rather than succumbing to the daunting pressure to settle. Program Co-Chairs: Sarah Grider Cronan Niall A. Paul Stites & Harbison, PLLC Spilman Thomas & Battle, PLLC Louisville, Kentucky Charleston, West Virginia Evelyn H. Brantley Monique M. Weiner E. I. du Pont de Nemours and Company Abbott, Simses & Kuchler, APLC Wilmington, Delaware New Orleans, Louisiana Products Liability Committee Co-Chairs: Jerry G. Bradford Daniel S. Wittenberg Alcon Laboratories, Inc. Snell & Wilmer LLP Forth Worth, Texas Denver, Colorado Program Agenda Thursday, September 18, 2008 8:45 - 9:00 a.m.: Registration and Networking Breakfast 9:00 Welcome & Introductions - Niall A. Paul, Spilman Thomas & Battle, PLLC and Sarah Grider Cronan, Stites & Harbison, PLLC 9:05 - 10:05 a.m.: The Advantages or Disadvantages of Trying a Mass Tort or Class Action in Stages The panel will explore the advantages and disadvantages of trying a mass tort case or class action in stages: Is it workable? Will substantive rights be impaired? Are there strategic advantages to a particular approach? Moderator: ■ Niall A. Paul, Esq. Spilman Thomas & Battle, PLLC Charleston, West Virginia Panel: ■ Janet Y. Bivins, Esq. ■ Wendy R. Fleishman, Esq. E. I. du Pont de Nemours and Company Lieff Cabraser Heimann & Bernstein LLP Wilmington, DE New York, NY ■ Sean Gallagher, Esq. ■ Honorable Mark I. Bernstein Bartlit Beck Herman Palenchar & Scott LLP Court of Common Pleas of Philadelphia Chicago, IL Philadelphia, PA 10:05 - 11:15 a.m.: To Certify or Not To Certify A Chemical Class Action Hear attorneys for plaintiffs, defendants and the companies involved discuss creative arguments for and against certification. Also, learn the Court’s perspective in deciding whether to certify a class action in a chemical exposure case. Moderator: ■ Eric E. Hudson, Esq. Butler, Snow, O’Mara, Stevens & Cannada, PLLC Memphis, TN Panel: ■ Michael F. Rettig, Esq. ■ Roberta Ashkin, Esq. Hercules Incorporated Ashkin Law Firm Wilmington, DE New York, NY ■ W. Ray Persons, Esq. ■ The Honorable Marina Corodemus (Ret.) King & Spalding LLP Corodemus & Corodemus, LLC Atlanta, GA Iselin, NJ 11:15 - 11:25 a.m.: Break 11:25 a.m. - 12:35 p.m.: Lessons Learned from Trial Victories in a Class Action/Mass Tort This interactive panel will discuss actual trial victories by those involved. A Judge, plaintiffs’ lawyer, and defense lawyer will discuss what worked and what didn’t. Moderator: ■ Monique M. Weiner, Esq. Abbott, Simses & Kuchler New Orleans, LA Panel: ■ J. E. Cullens, Esq. ■ Greta M. Kearns, Esq. Moore, Walters, Thompson, Thomas, Papillion and Squire, Sanders & Dempsey L.L.P. Cullens Columbus, OH Baton Rouge, LA ■ The Honorable Jan R. Jurden Delaware Superior Court Wilmington, DE 12:40 – 1:45 p.m.: Lunch 1:45 - 3:00 p.m.: Valuing and Resolution of Settlements in Mass/Class Actions How do plaintiffs’ attorneys negotiate settlements with their clients and opposing counsel? How are settlements in mass/class actions valued? How should defense attorneys talk with in-house counsel about valuing and resolving mass actions? What should Judges do when approving settlement of a mass/class action? Moderator: Tom M. Harrison, Esq. Hornblower, Manning, Ward, Harrison, Venecia & Rodriguez Corpus Christi, TX Panel: ■ Evelyn H. (Lyn) Brantley, Esq. E. I. du Pont de Nemours and Company Wilmington, DE ■ The Honorable Mary Pat Thynge ■ Elliot G. Hicks, Esq. U.S. District Court for the District of Delaware Spilman Thomas & Battle, PLLC Wilmington, DE Charleston, WV 3:15 - 4:30 p.m.: David vs. Goliath: Jurors’ Perceptions of Trial Lawyers and Their Clients Watch a post-trial interview of actual jurors in a chemical case discuss their perceptions of trial lawyers and their clients. Hear from lawyers, the bench, and in-house counsel about their experiences with jurors. Moderator: ■ Sarah Grider Cronan Stites & Harbison, PLLC Louisville, KY Panel: ■ Cynthia R. Cohen, Ph.D. ■ The Honorable Mark Davidson Verdict Success Harris County District Court, TX Manhattan Beach, CA Houston, TX ■ Glenna Kyle ■ Rodrigo E. Salas ExxonMobil Dillingham & Murphy, LLP Houston, TX San Francisco, CA 4:30 – 5:30 p.m.: Cocktail Reception immediately following the Workshop. For additional information about the program, please contact: Sarah Grider Cronan, (502) 681-0543, email@example.com Niall A. Paul, (304) 340-3800, firstname.lastname@example.org Registration Deadline is September 11, 2008 REGISTRATION FORM SPACE IS LIMITED! PLEASE REGISTER TODAY TO RESERVE YOUR SEMINAR SEAT. Regional CLE Workshop: A Workshop on Mass Torts and Class Actions Thursday, September 18, 2008 DuPont Country Club 401 Black Gates Road Wilmington, Delaware To register online, please visit: www.abanet.org To register by mail, please complete the form below and mail along with payment to: Sarah Grider Cronan, Esq. 400 West Market Street, Suite 1800 Louisville, KY 40202 (FAX) 502.779.8278 Name: Affiliation: Address: City State Zip Code: Telephone: Fax: E-mail: ABA Member No.: The information submitted on this registration form will be used only to create an attendance list for Mass, Class or Pass – Decisions in the Big Chemical Case, a regional CLE workshop on mass torts and class actions involving toxic torts & chemical and industrial products. Registration Deadline is September 11, 2008 Registration Information $125.00 (Section of Litigation members) $170.00 (Non-Section members) Registration deadline is September 11, 2008. Checks for attendance and course materials should be made payable to the American Bar Association. 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. Travel and Hotel Information Attendees are responsible for making their own travel arrangements and hotel reservations. Nearby hotels include the Hotel du Pont, 11th and Market Streets, Wilmington, Delaware, 302-594-3100; Sheraton Suites Wilmington, 422 Delaware Avenue, Wilmington, Delaware, 302-654-8300; the Marriott Courtyard Wilmington Downtown, 1102 West Street, Wilmington, Delaware, 302-429-7600 and the Doubletree Hotel Wilmington Downtown, 700 King Street, Wilmington, Delaware, 302-655-0400. Scheduled shuttle bus transportation to DuPont Country Club will be provided to program attendees from the Hotel du Pont, Sheraton Suites Wilmington, The Marriott Courtyard Wilmington Downtown and the Doubletree Hotel Wilmington Downtown, on the day of the seminar. Shuttle buses will run on a set schedule. Please let us know 1) where you are staying and 2) if you want shuttle bus transportation. Hotel du Pont Shuttle Service Requested: Yes No Sheraton Suites Marriott Doubletree 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 Esther D. Brewer at the ABA at (312) 988-5499 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.
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