The Chemical Products Liability Regional CLE Workshop e by ydb15644



          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
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

■ Niall A. Paul, Esq.
Spilman Thomas & Battle, PLLC
Charleston, West Virginia

■ 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.

■ Eric E. Hudson, Esq.
Butler, Snow, O’Mara, Stevens & Cannada, PLLC
Memphis, TN


■ 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.

■ Monique M. Weiner, Esq.
Abbott, Simses & Kuchler
New Orleans, LA

■ 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?

Tom M. Harrison, Esq.
Hornblower, Manning, Ward, Harrison, Venecia & Rodriguez
Corpus Christi, TX

■ 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

■ Sarah Grider Cronan
Stites & Harbison, PLLC
Louisville, KY

■ 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,

                          Niall A. Paul, (304) 340-3800,
                         Registration Deadline is September 11, 2008

                                          REGISTRATION FORM

                                  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:
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



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 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

                                                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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