Document MGErp6OJzOx97VnRdQprvv19y

IN THE C IR C U IT COURT TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS FR A NCE S E. KEMNE R, e t a l . , Plaintiff, V. MONSANTO COMPANY Defendant. ) ) No. 80-L-970 A F F I D A V I T OF C H A R L E S M. L O V E , III COMES NOW C h a rle s M. Love, I I I , and upon his oath deposes and states as fo llo w s : 1. I am an a t t o r n e y licensed to p r a c t i c e in West V i r g i n i a an d a p a r t n e r in the law f ir m of Bowles, M cDavid, G r a ff & Love, 1600 Commerce S q u a r e , P. O. Box 1386, C h a r l e s t o n , West V i r g i n i a 25325. 2. I am an a t t o r n e y of r e c o r d f o r M o nsanto C o m p a n y in a p p r o x i m a t e l y 175 cases c o n s o l i d a t e d f o r d i s c o v e r y as A d k i n s , e t aj^ v . Monsanto Company, a Delaware corporation, Civil Action No. 81-2098, pending in the United States D istrict C ourt for the Southern D is tric t of West Virginia. 3. I am t h e p a r t n e r in my f i r m wh o was in c h a r g e of p r e p a r i n g Monsanto's defense in the A dkins cases. A fte r becoming acquainted with the legal, s c ie n tific and medical questions in volved in these cases, I came to the conclusion th a t I and the o th e r attorneys in my firm who would be add re ssin g the causation issues in these cases would need the assistance of a scientific co n s u lta n t in p re p a ra tio n of Monsanto's defense on these issues. In O ctob e r EXHIBIT E of 1983, with the a pp ro v a l of Monsanto, I retained on behalf of my firm M yron S. W e in b e r g , P h . D . o f W e in b e rg C o n s u l t i n g G r o u p , Inc. in W a s h in g to n , D . C . 4. I determined th a t our defense of the causation issues would be aided by the preparation of a series of reports which would address in d iv id u a lly several of the scientific questions involved in the causation case. I worked with D r. Weinberg to design the content and form of these reports and select the subject matters to be covered. D u rin g the fall and w in te r of 1983 I had many m e e ting s w i th D r . W e in b e rg to d is c u s s the p r e p a r a t i o n of the reports. Dr. Weinberg retained several individual consultants and consulting f i r m s as s u b c o n t r a c t o r s to aid in t h e p r e p a r a t i o n o f t h e r e p o r t s . A t t o r n e y s fro m my f ir m and I met w ith all of these s c ie n tific c o n s u lta n ts d u r i n g preparation of the re p orts to explain in detail the purpose of the reports and the manner in which th e y should be p re p a re d . 5. T h e p u r p o s e o f t h e r e p o r t s was t o s e r v e as an e d u c a t i o n a l tool for the attorneys in my office who would have responsibility fo r the causation issues, to aid those a ttorneys in p re p a rin g fo r and ta k in g the depositions of p la in tiffs ' e x p e rts , and to enable them to deal intellig e ntly with expert witnesses retained by us. 6. D u rin g our meetings, attorneys from my firm and I explained to D r. Weinberg and the other consultants our litigation plans, s t r a t e g i e s and t h e o r i e s , as well as o u r men tal im p r e s s i o n s w i th r e s p e c t to several aspects of the cases, including the anticipated depositions of both p l a i n t i f f s ' and d e f e n d a n t ' s e x p e r t w itn e s s e s . T h is was n ece ssa ry so t h a t the scie n tific c o nsultants would have a b e tte r u n d e rs ta n d in g of how we expected to utilize the reports when they were completed. 7. As d ra fts of the rep orts were p re pa re d b y the co n s u lta n ts , a tto rn e y s in my firm reviewed them and proposed to the c o nsu lta nt changes in 2- - the scope and approach of the re p o rts which were inco rp orate d in the final re p o rts . Four a ttorneys in my firm were in vo lve d in this preparation process and devoted considerable amounts of time to this project. 8. These reports were p re p a re d fo r the sole use of defense counsel in the A dkins cases. Copies of the re p orts were not provided or shown to any expe rt witnesses. Because of the protected nature of said d o c u m e n t s u n d e r Fed. R. C i v . P. 2 6 ( b ) ( 2 ) , said d o c u m e n t s w e re n e v e r produced to p la in tiffs ' counsel in the A d k in s cases. Further affiant sayeth not. C O U N T Y OF KANAW HA STATE OF WEST V IR G IN IA ) ) SS. ) S u b s c r i b e d a nd s w o r n t o b e f o r e me t h i s 2 4t h d a y of M a y , 1985. My commission expires: /rjm O FFIC IAL Sf a l NOTARY PUBLIC STATE OF W EST V IR G IN IA DIANA L KING 1600 Commerce Square Chari cn. Wm ! V * r ?' (M My Commiti'OA E tp ire j May 15. IS33 Notary Public CERTIFICATE OF SERVICE The undersigned certifies that a- true and accurate copy of the foregoing was hand-delivered, this ,28th day of May, 1985, to the following attorneys' of record: .. Mr. Rex Carr Mr. Jerome Seigfreid 109 S. High Street Belleville, Illinois 62221 \ L .;J' j