Asbestos Litigation

General Case Work

• Review complaint and determine whether state court case can be removed to federal court based on diversity or federal question. Draft necessary motion and pleadings for removal.
• Prepare necessary release forms to obtain medical records, employment records, military records, and Social Security records. Arrange signing of forms through plaintiffs' counsel and obtain certified copies of all records.
• Organize, review, and summarize plaintiffs' responses to discovery requests along with all documents received from outside sources. Note exposure/diagnosis dates.
• Prepare analysis and/or charts evidencing product exposure. Alert attorneys to any statute of limitations defenses or other defenses.
• Schedule independent medical examination, if necessary, and act as liaison between medical expert and trial team to ensure that all information, documentation, x-rays and pathology materials relating to plaintiffs are properly organized and distributed.
• Supervise nurse/consultant on various projects.
• Prepare summary of factual information for attorneys use to evaluate settlement value of case or to prepare for depositions and/or trial.
• When appropriate, prepare deposition notices or affidavits in lieu of scheduling depositions.
• Arrange for expedited trial and "perpetuated" deposition testimony for dying plaintiffs.

Note - Some of the information contained in the Litigation section of this publication also includes work performed in the Asbestos Litigation specialty area.

National/Regional Counsel Tasks

• Design, maintain, and update case tracking databases for each state and/or region that contain information concerning:

• EPA rules/regulations that may affect clients;
• legislative matters on threshold limits;
• data on medical mortality/morbidity statistics for various disease processes;
• medical journal and medline information;
• medical information on parties;
• asbestos litigation reports and other services for latest verdicts and use of expert witness testimony;
• expert witness information, including biographical profile, publications authored, recent data on trial involvement and samples of testimony;
• exhibits used at depositions and/or trial by any party;
• corporate and trade association documents;
• information relating to products, non-expert or non-medical expert witnesses, and job site.
• Schedule national expert witnesses for deposition and/or trial and act as liaison with those experts for research needs.
• Coordinate exchange of information with opposing counsel.
• Act as case manager for particular jurisdictions and liaison for client's legal staff for case specific questions.
• Act as liaison with local counsel and counsel's staff and, when appropriate, assist local counsel with responses to discovery requests, development of witness and exhibit lists, preparation of briefs and motions, and identification of demonstrative evidence to be used at trial.
• Work with local counsel to determine variations in standards of proof for any state regulations involving threshold limit values.
• Open and maintain escrow accounts for funds collected from defense group members to pay shared costs; prepare accountings and submit reports periodically to defense group.

Note - Some of the information contained in the Computer Litigation Support section of this publication also includes work performed in the Asbestos-National/Regional Counsel Tasks specialty area.

FELA Asbestos

• Research various general topics, such as documents relating to steam locomotives.