Document MGpRB4BoE4vXkY9YDyZw4gJYa

March 2, 197' MEMORANDUM TO: G.G. GabrisIson, Jr. Chairman, Legal-Medical Research Co.. _ .. _ . Asbestos Information Association/;;./A , FROM: Mendell E. Alcorn, Jr. RE: Availability of Services from Soecial Counsel The purpose of this memoranda- is tc ---- 2->* cur remarks to the Legal-Medical Research Committee at the meeting held in New York City cr. Monday, February 25, 1577, concerning the services that are row available from cur At the time our firm undertook the project with the guidance of the Committee, initial contacts with corporate representatives and outside counsel were made regarding the status of pending cases. It soon became obvious that there was no central source of retrievable data available to all AIA/NA members. Furthermore, there was a pronounced confusion ar.d lack of comprehension by many companies regarding the various suits in which they were named as defendants. Th primary reason for this state of affairs were: (i) defer, efforts were controlled by insurance carriers who dealt primarily or. ar. ac hoc basis with local counsel ar.d (ii) Item23.max ALL-STATE LEGAL " many companies lacked the lateral or outside staff to under take coordination cf the rapidly multiplying lawsuits in various jurisdictions. There were patently adverse effects that floored from the foregoing conditions: (i) companies experienced great difficulty in coordinating discovery and responses to dis covery; (11) companies experienced difficulty ir. quantifying potential exposure for financial reporting purposes; and ( H i } different stategic ar.a tactical approaches were being followed ir. the various jurisdictions by the sar.e defendants. Our firm has compiled data from various repositories of information concerning past and pending court actions. We have concentrated on defining for each case: (i) the phase of industry or chain of distribution involved; (ii) the types of injuries claimed; (ill) the theories cf liability and defense that have been advanced: and (iv) examples of discovery and responses on a selective basis. An overriding consideration has been to establish a system that allows P f tO D Jl/J quick retrieval of available information. The data bank is built around the following index- keys: <i) jurisdictions in which cases have been brought or are pending; (ii) the particular injuries claimed; (iii) individual and corporate defendants by name; (iv) significant m _ i ** discovery, emphasizing interrogatories and depositions: (v) 2- - Item23.max tour: decisions and orders; ar.d (vi) attorneys of record-. To tne extes. that raw information has been distilled and organised in the data bank, the foregoing index keys allow a maximisation or retrieval by non-attcrr.ey stair at a rapid rate. As you know, requests for information iron AIA/MA renters have been sent with respect to past ana pending litigation. As information is received, it is analysed and integrated into the existing system. This system is expand able to enable flexible integration of new data. '.-'a wish to encourage the members of Al.-./nA to comply with our requests for information. The advantages to be gained from completing the data bank on court actions as far as possible include the following: (i) rapid avail ability of prior case information; (ii) a source to facilitate the determination of consistency of defense positions, or lack thereof; and (lii) a system that provides examples of star.durdited pleading forms and comparative discovery instruments and papers. We contemplate that the investment of attorney time, which has been heavy up until about two weeks ago, can be considerably downgraded in connection with future operation of the data bank. The established system allows for clerical integration of data received in the future. The same Is \w true ir. the case of retrieval. -3 - ! Item23.max The heart of the data bank consists of files established covering the following subjects: (i) individual lawsuits, including significant pleadings and discovery; files on attorneys representing plaintiffs or defendants; <idi' files or. medical experts including curricula vitae, memoranda of interviews, specialties and ratings; (iv) materials relating to the medical portion of the Committee's project; {*/) responses to questionnaires transmitted by cur firm, to AIA/NA members; (vl) form pleadings and discovery; and !vii) source materials of a nature net included in the foregoing. ----- Members of AIA/HA are invited to direct requests for ar.y information from the data bank to either Miss CareyGross or myself at the offices of Cadwalader, Wickersham & Taft. 2 . State of the Art Defense Philip Enterline, PhD, has completed a survey of the English language, medical literature on the sutjsct cf the relationship between asbestosls/asfcestos dust and lung cancer. Facing sheets and abstracts from materials reviewed have been provided to the Committee. Copies of the complete medical studies and reports reviewed by Dr. Enterline are available from cur offices. We anticipate -il- Item23.max AIA/N'A a legal reir.orar.dur, cr the state of the art as a cefer.se in light of materials already received from Dr. rnter_ir.e. Subject to the qualification that additional information is expected fret; Dr. Enterline, the final piece Will be completed by the end of April. rurther study is being made into the subject of asses tosis, itself. Also, Dr. Enterline and his staff are reviewing the problem of the relationship between asbestos exposure ar.c cancers other than carcinoma of the lung. 3- Expert Hin. tnesse s Our firm has interviewed a m u t e r of physicians recommenced by ilans Weill, .".D., as potential experts. The names of these persons along with curricula vitae have been forwarded to AlA/NA's office for distribution as possible witnesses in pending cases. We would be pleased to discuss the needs of individual companies In acquiring expert testimony on either specific problems relating to legal actions or the state of the medical art defense. Practical Aids to Defense Counsel PRODUCED J - S3 As presently established, our files are available to provide information on oast and pending cases. The data bank system is set up and awaits responses from individual -5- Item23.max companies as they are received. The materials and answers to the questionnaire sent out by special counsel will be cataloged and the information can be- retrieved almost totally by non-attorneys. It is presently contemplated that the only costs in the future on this phase of the project will be primarily non-legal, clerical and duplication costs. The names and some curricula vitae of expert medical A number of legal memoranda have been provided to members of AIA/NA. These include memoranda on statutes of limitations, resolution of cigarette-cancer litigation, the doctrine of collateral estoppel and other matters. If ^ member of AIA/NA desires a copy of any of the foregoing memoranda, simply 1st us know and we shall provide the P R O O U Q requested material-, jR f _ ^ There is available forms of standardised pleadings and discovery. By the end of April, a memorandum will be distributed detailing the availability of these forms. It should be noted that we have assisted counsel- for individual companies In preparing responses to interrogate: ~G- Item23.max 5- Conclusion. AC present, our firm is prepared to act as a clearing house for data that is supplied by individual company defendants. V/e are also prepared to assist individual companies ir. formulating answers and responses to discoveryj as well as other pertinent information on asbestos-related disease cases. Each member is invited to contact us whenever the need arises. feoAJ r PRODUCED JM - S3 Item23max