72 Def. Counsel J. 241 (2005)
Emerging Trends in Asbestos Premises Liability Claims

handle is hein.journals/defcon72 and id is 243 raw text is: Emerging Trends in Asbestos Premises Liability
Claims
Understanding Current Theories of Liability and Proposed Legislation to
Protect Your Client

By      Kenneth R. Meyer,
Ivan J. Whittenburg, and
Brian P. Sharkey
Y OUR client has never manufactured
asbestos-containing  products   and
remains untouched   by   the  devastating
waves of asbestos litigation that have
reduced financially stable companies to
empty shells. Do not allow yourself or your
client to become complacent. The turbulent
waters of asbestos litigation have seeped
into virtually every type of economic
activity in our country. Defense attorneys
are striving to protect their clients from the
perils attendant to the most enduring mass
tort litigation recorded in the annals of
American jurisprudence - a marathon that
has yet to reach full stride.2
On   September 25, 2002, the Rand
Institute for Civil Justice released an Interim
Report (Rand Report) estimating that only
twenty to fifty percent of the total potential
asbestos-related personal injury claims were
filed and that defendants and insurers faced
approximately $145 to $210 billion in
future asbestos litigation costs.  Last year,
Stephen Carroll, the senior economist who
authored the Rand Report, estimated that
defendants had already paid $70 billion on
730,000 claims, making asbestos litigation
the most expensive mass tort in American
history.4  In   2003,   plaintiffs  filed
approximately 110,000 asbestos claims-
1 The Job-Eating Asbestos Blob, WALL ST. J., Jan.
23, 2002, at A22. See also Susan Cornwell,
Asbestos Costs U.S. Companies $70 Billion So Far,
REUTERS, Feb. 6, 2004.
2 See Stephen J. Carroll et al., Asbestos Litigation
Costs and Compensation. An Interim Report (Rand
Institute for Civil Justice), Sept. 25, 2002, at v.
I Id. at 78.
4 Cornwell, supra note 1.

IADC   Member Kenneth R. Meyer is a
principal in the Morristown, New Jersey and
New York City law firm of Porzio, Bromberg
& Newman, where he is Co-Chair of the
firm's Toxic Tort and Product Liability
Department. Mr. Meyer is a Certified Civil
Trial Attorney in New Jersey, and he is
admitted to the bars of New York and Texas.
He practices in the areas of complex product
liability, toxic and mass tort, and personal
injury litigation.  Mr. Meyer has been
involved in handling and managing over
100,000 asbestos cases in over thirty states
for the last fifteen years. Mr. Meyer received
his J.D. in 1982 from Seton Hall University
School of Law, cum laude, and his B.A. from
Colgate University in 1976.
Ivan J. Whittenburg is counsel in the
Morristown, New Jersey and New York City
law firm of Porzio, Bromberg & Newman and
is a member of the firm's Toxic Tort and
Product   Liability  Department.     Mr.
Whittenburg is admitted to the bars of New
Jersey and Pennsylvania. He practices in the
areas of complex product liability, toxic and
mass tort, and personal injury litigation. Mr.
Whittenburg has been involved in handling
hundreds of asbestos cases over the course of
the last fourteen years.  Mr. Whittenburg
received his J.D. from Rutgers University
School of Law and his B.A. from Rutgers
University, with honors, in 1985.
Brian P. Sharkey is an associate with Porzio,
Bromberg & Newman and is a member of the
firm's Toxic Tort and Product Liability
Department. Mr. Sharkey is admitted to the
bars of New Jersey and New York and he
practices in the areas of complex product
liability and toxic and mass tort. He received
his J.D., magna cum laude, from Seton Hall
University School of Law in 2000 and his B.A.
from The College of New Jersey in 1997.

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