Document QXV7ea8JDopgQaM3Ex3J0ZZ6v

T. Mafmor Page 81 -1 because itwassuch an.important part of the 2 union's concerns in the 1960s. 3 The-other part was, because I had . 4 done work on the Medicare program in 1960s, I 5 had done a fair amountofpublic opinion 6 studies and primary documents about what . 7 Americans thought about health and healthcare 8 and who was worried about what. So,It's in 9 all those ways that asbestos came into focus as 10 an example of an-area .in American life where 11 huge changes in attention to it and 12 availability of information about it was at 13 issue, <:. 14 sQ;-I'm not trying to argue with you. 15 I'm not sure if you answered my question or 16 not..-1 asked .you about writing. 17 ; A; . Iwrote.a report in the 18 boilermaker's case in Ohio.' I wrote a report 19 in what was called the,boilermaker's case. 20 That is the union in Ohio in Akron.- 21 Q: Isithe.Jones.Day.case and the; 22 boilermaker's,casethe same thing?. 23 ,i- A. That's right. 24 Let's call it the boilermaker : . 25 .casev?- ):: - . ; ; \ . *t Page 83 1 basis of my making statements about what 2 was available publicly to various 3 groups. In the same way that I had done 4 it in tobacco, and the same way. that I 5 had done it with national health . 6 insurance. 7 Q. Back to my question.. You've 8 written twice, once specifically on the topic . . 9 of asbestos, and once in the boilermaker ease 10 on the topic of tobacco and touched on the 11 topic of asbestos when you wrote it? 12 A. Right. 13 Q. Is that correct? 14 A. That's correct. 15 Q. Tell me about your report in the, 16 Celotex case. . , 17 A. The question I was asked to> h. 18 answer in. the Celotex case was what problems 19 arise in connection with compensatingvictimS 20 of asbestos exposure when there is such, a long - 21 latency period, and when there is a trust to - 22 distribute .tbosefunds. 23 They have.to decide between: 24 paying present afflicted parties as against the 25 possibility of later parties becoming Page 82 1 A. That was about.public knowledge - 2 and available -- publicly available,information 3 about the-dangersof smoking: That was the, 4 question that my report addressed.- 5 In the course of answering.that 6 question, I referred to publicly, available 7 literature about.the connection, between smoking 8 and caneerwhichimplicated asbestos,-among 9 other things. And then that's the writing in 10 preparation for this area:of dispute. ' 11 ..-That document.Is the basisfor my. . . 12 judgments here, and I suspect, this may.not be 3 your question, but I'm intending to try to put 14 together that into an,article about the 15 publicly available information about asbestos. 16 which is the focus of my acquired expertise; 17 nota lifetime of attention to it. That's what 18 I've been trying.to focus on. ' 19 MS. ROSENBERG: When you were 20 referring to the document, you were 21 pointing. 22 THE WITNESS: I'm referring to 23 the exhibits. That's the raw material 24 or the selection of even, a wider body of 25 broad material which constitutes the Page 84 1 inflicted. 2 The dispute in the1 Celotex case 3 was between the plaintiffs attorneys who., 4 wanted to.take over the company rather than . 5 leave the company after a billion dollar trust . 6 was set up to pay-for victims. 7 The question I was asked bad-to 8 do with my really ^political analysis and. my 9 analysis of the representation of interest, n 10 connected with legal, topicsofrepresenta'tiou. 11 It was what was thevbasis forthinkingithat 12 running the company was a protection for the 13 yet not ill future beneficiaries as opposed to 14 the present potential beneficiaries who are 15 already afflicted. 16 In the course of writing that , 17 report in arguing that administering a trust 18 was a more reliable source of income than 19 administering a company by a law group, I 20 argued that the representation of interest 21 would lead you to believe that they should 22 focus on trying to model the occurrence of 23 future states of illness and save money for 24 that day rather than subject themselves to the 25 ambiguities and vagaries of market performance POHLMAN REPORTING COMPANY (314)421-0099 21 (Pages 81 to 84)