Document vBgd9eoVw98Zmnqn1JeOBXMGZ

T. Marmor Page 105 - 1 Tbattpr.oduce.d th.at.as a, selection , 2 ofamassiy^amountwhichwe^adto^sk 3 ourselves wlut wauld communicate our findings 4 or my conclusions about that in .the discussions 5 of what we,bave discovere,d. , ; 6 .; Q.ouhadn't done, that type, of 7 research when- y.ou were getting .up.tQ-speed with 8 the Celo.tcsx case?-, .,,, *. 9 A-.; . YeSj.that|is.what I.was, 10 suggesting. Weh,ad done the same yort of . 11 things but focused particularly on knowledgeof 12 smoking and not on th^ wider literature. . ... . 13 Q. I asked you about Celotex. ....; 14 A. Ohj.sorry. 'We had done some of 15 tha.f^before, but nofnearly,as extensive,, ... 16 becausemyqucstionof Celotei was about trust 17 ^d^JnJst^ationiyerSjU^.ano,(her,.not about the 18 pujhlie^knowledge.of it.. 19 , Q. , The boilermaker case. you used 20 this m6tto,b.uton.adifferent carcinogen? 21 22 . VQ., I^^approafhed.youjandjasked.y.QU , 23 to applyyqur niottoyfpm theboilermakercase 24 to the realm of asbestos disease? ,. >. a , 25 ...... . A. A lawyer at Orrick. Page 107 1 that would be relevant to the health law course 2 that I was going to be teaching that I'm going 3 to expand oyer time, and that I was.interested 4 in the litigation.side of it, not just the 5 public knowledge of asbestos. 6 So, those two angles were 7 presented, those two considerations, and we 8 started late May, early June of 2002. 9 Q. Tell me if this is fair. You 10 were basically given the charge to figure out 11 who knew what, when about the dangers of 12 asbestos? 13 A. Very close, but.actually there's -14 a prior question is what was available to whom, 15 when and why. So, it starts with the publicly 16 available information, and has to stretch..17 sometimes to the statement of who actually, knew 18 it as opposed to.the people who wrote it. 19 Q. 1 don't want you to stretch. So, 20 let me ask you this: Do you have expert 21 opinions regarding who knew what, when or do 22 you have expert opinions regarding what was 23 available? 24 A. I have my most expert opinion 25 about what was available, and I have some . Page 106 1 - Q. Who is,thaj,lawyer? . 2 A. James.Stengel, S-T-E-N-G-E-E,!: 3 believe. , ... . ....... .; ..... . 4 . .Q. .lybat.didihe.want.youjtp.do.?, 5 . A. Wellj he asked rae whetherl would 6 be inter.este.d,in. exploring the gugstion. of,: ; 7 public knowledge apdipublicly available,,.. 8 nforpiatjon about a contrQversiaJareglike., , 9 asbestfl?,ftud.)K??i'.<?i;W?,,>?^?'dsn)eexper,tise1 10 in tl\.|tklndi9jf>*"<|y, 11 exteps)ye,ofl(w9rkin1ashestosi. dofleJh'M; i. . 12 it all by myself. I knew enough by then jh.at I 13 couldn't doltojijope.^lay.a.weekjJhafKwas 14 impossible. It was .just, too much as you well 15 know. . . .,., ,. ,l,, . 16 - .^o) said the only .condition in..:, 17 whiph I would do it would be if,I, cpuld bring. 18 ,aboard,.people^ bad worked with before in all 19 ray other expert witness ,cases, and involve them 20 actively in.research assistance in exploring 21 this question, and they-had to decide.whether . 22 or not to do that, and since that,was the 23 condition.of tny. -- the.only condition.under . 24 which.Icando.it. 25 I also said that this was an area Page 108 1 opinions where I think I can defend it on the 2 persons or the: types of people,4he groups that 3 would have been expected to know on that,,but 4 that's an inference that,is hard to prove in ,, 5 the same way that you can prove something was 6 publicly available. 7 Q. Publicly available is black and 8 white; is that right for the most part? 9 A. Available<is black and white, 10 physically. Publicly, is more open to dispute.. 11 And the extent to which you take some. 12 understanding of the atmosphere, the setting; 13 to be able to make any judgments.at all about 14 who would have been likely to be acquainted 15 with it. 16 Q. You have an expert opinion and 17 somewhat less than an .expert opinion and do, you 18 have any other expert,opinions about any topics 19 in this case? , 20 MS. ROSENBERG: Objection to the 21 question, to the.form. Which question 22 was it; expert, less expert? I don't 23 . think the question was fair to begin 24 with. 25 MR. GIANARIS: It wasn't either. POHLMAN REPORTING COMPANY (314)421-0099 27 (Pages 105 to 108)