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Wednesday, November 20, 2019

Defense Counsel Journal examines arbitration, 9/11 legal matters, toxic tort litigation

Attorneys & Judges

By John Breslin | Jul 18, 2019


Arbitration agreements, legal actions linked to 9/11 and causation in toxic tort litigation are among the subjects covered in the latest issue of Defense Counsel Journal.

The quarterly journal is published by the Chicago-based International Association of Defense Counsel.

"Each of these articles presents authoritative views on topics of import to the defense bar and are worthy of citation in briefs that deal with any of these topics,” said DCJ editor and former IADC board member Kenneth R. Meyer in a statement.

IADC president and Venable LLP partner Craig A. Thompson said each of the authors supports the mission of the organization, which centers on matters and interests that affect attorneys and other legal professionals across the world.

One of the articles, "The Sept. 11, 2001, Terrorist Attack and Litigation Aftermath,” written by Desmond T. Barry, Jr. and Evan M. Kwarta, both of Cordon & Forsyth LLP, tackles the still hugely important legal issues born out of the attack. Both have experience working in this area, the IADC said. These legal issues that "flowed from 9/11" are described as unusual. The piece studies both those issues and their resolution over the years of litigation.

Mitchell Lathrop, of the Law Offices of Mitchell L. Lathrop, looks at class arbitration, and how it sometimes clashes with one-on-one provisions in agreements between parties. “Class Arbitration – Who Decides?” digs into "how the presence, or absence, of one-on-one arbitration provisions impacts the viability of class arbitration and when the availability of this remedy is decided by a judge versus an arbitrator."

International disputes and public policy positions of different countries are examined in the article, “Disputes that Raise Public Policy Issues: Special Problems in International Disputes." It was written by Mica Nguyen Worthy, a partner at Cranfill Sumner & Hartzog LLP.

William R. Andrichik,  Jeremy S. Goldkind, and Derek Smith, of Steptoe and Johnson, tackle the thorny issue of the use of epidemiologic evidence in toxic tort trials, including asbestos litigation. The authors argue from the position of "preventing the misuse" of the Bradford Hill criteria, the 1965 standard laid down that lists nine criteria that should be satisfied to show evidence of a link between cause and effect in cases where it is claimed a disease by exposure. They argue that misuse can affect expert opinions.

The IADC is a global organization of attorneys from six continents. It aims to "enhance the development of skills, promote professionalism, and facilitate camaraderie among its members, their clients, as well as the broader civil justice community."

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