ALI-ABA Course of Study Asbestos Litigation in the 21st Century

November 30 - December 1, 2006 New Orleans, Louisiana

TABLE OF CONTENTS Page PROGRAM xi FACULTY PARTICIPANTS xv FACULTY BIOGRAPHIES xix STUDY MATERIAL

Volume 1

1. Asbestos Litigation Today and Tomorrow: Facts, Figures, Trends 1

By David T. Austern 2. Asbestos Litigation in the United States: Triumph and Failure of the Civil 9 Justice System By Deborah R. Hensler 3. Asbestos Reform in the States 31

By Patrick M. Hanlon and Anne M. Smetak Study Outline 33 Appendix: Comparison of Key Elements of Non-Malignant Medical Criteria

in Six States 58 4. Managing Asbestos Cases 63

Submitted by Joseph R. Slights, III Standing Order No. 1 -- Amended on October 13, 2006 65 Exhibit A: Standing Order No. 1 Interrogatories and Requests for Production

Directed to Plaintiffs 87 Exhibit B: Standing Order No. 1 Interrogatories and Requests for Production

Directed to Defendants 118 Exhibit C: Notice to Defendants Pursuant to Amended Standing Order No. 1 147 Exhibit D: HIPPA Medical Authorization for Defense Coordinating Counsel 149 Exhibit E: Authorization for the Release and Production of Employment,

Payroll & Personnel Records [to Defense Coordinating Counsel] 151 Exhibit F: Request Pertaining to Military Records [for Defense Coordinating

Counsel] 153 Exhibit G: Request for Social Security Earnings Information [for Defense

Coordinating Counsel] 155 Exhibit H: Authorization for the Release and Production of Social Security

Administration Claims records [for Defense Coordinating Counsel] 157

vii Exhibit I: Authorization for the Release and Production of Tax Records [for

Defense Coordinating Counsel] 159 Exhibit J: Amended Standing Order No. 1 Listing of Asbestos Actions Filed

[for Defense Coordinating Counsel] 161 General Scheduling Order No. 1 - Amended October 13, 2006 173 Master Trial Scheduling Order and Table of Trial Schedule Abstracts --

Amended on October 9, 2006 186 5. The Lung Cancer Debate 225

Submitted by Bryan O. Blevins, Jr. Brief of Appellants 227 Brief of Appellees 334 Court's Opinion 391 Reply Brief of Appellants 426 Appellee's Motion for Rehearing 460 Order Overruling Appellee's Motion for Rehearing 461 Petition for Review from Ninth Court of Appeals 479 Response to Petition for Review 632 Petitioner's Reply to Mobil 671 923 S.W. 2d 549 - Robinson 675 953 S.W. 2d 706 - Havnar 679 Consensus Report 703 6. Evaluating the Reliability of Eyewitness Memory in Product Identification 709 Cases By Charles A. Weaver, III and Amanda Holmes Study Outline 711 Presentation Slides 736 7. Friction Products and Electrical Equipment Litigation 759

By Anne M. Kearse 8. Automotive Friction Products 783

By Stephen M. Tigerman Study Outline 785 Memorandum Opinion, In re Asbestos Litigation, No. 77C-ASB-2, Super.

Ct., New Castle Cty., DE, May 9, 2006 794 9. Significant Developments in Friction Products and Electrical Equipment 869 Litigation Submitted by R. Thomas Radcliffe, Jr. Opinion precluding Plaintiff's experts from offering opinion testimony causally attributing the plaintiff's asbestos disease to exposure to any specific

defendant's friction products, In re Toxic Substance Cases, No. A.D. 03-319, Ct. of Common Pleas, Allegheny Cty., PA, August 17, 2006 871

viii Opinion denying defendant Daimler Chrysler Corp.'s motion in limine to exclude expert testimony that friction products cause asbestos disease, In re

Asbestos Litigation, No. 77C-ASB-2, Super. Ct., New Castle Cty., DE, May 9, 2006 907 OSHA Safety and Health Bulletin re Asbestos-Automotive Brake and Clutch

Repair Work 982 EPA draft brochure entitled, Current Best Practices for Preventing Asbestos Exposure Among Brade and Clutch Repair Workers, F.R. Vol. 71, No. 164, Aug. 24, 2006 987 EPA brochure entitled, Current Best Practices for Preventing Asbestos

Exposure Among Brake and Clutch Repair Workers 990 Letter to EPA from Nick Voegtly with comments on Best Practices brochure 992 Letter to EPA from Arthur S. Hughes with comments on Best Practices

brochure 993 Letter to EPA from Exponent Health Sciences with comments on Best

Practices brochure 994 Comments of AFSCME on Best Practices brochure 998 Comments of International Union, UAW, on Best Practices brochure 1001 Letter to EPA from National Automobile Dealers Association with

comments on Best Practices brochure 1003 Letter to EPA from Automotive Specialty Products Alliance with

comments on Best Practices brochure 1006 Comments by Barry Castleman, ScD, on Best Practices brochure 1009 Letter to EPA from Simona A. Farrise with Comments on Best Practices

brochure 1013 PLM Analysis performed for Kazan, McClain, Edises, Abrams, Fernandez,

Lyons by Materials Analytical Services, Inc. on brake pads 1015

Volume 2

10. Old Jurisdictions in Transition: The Sea Change in Texas 1023

Submitted by Bryan O. Blevins, Jr. Article "If There Was No Jury" 1025 Texas HB4 Memo - 020305 1027 Texas Chapter 90 - Asbestos & Silica 1033 Final Second Amended MDL CMO 1047 Motion to Strike Expert Reports 1068 Motion to Strike Expert Reports ##B 1309 Non-Malignant Report Outline 1550 Non-Malignant Report Presentation 1552 MDL Non-Malignant Hearing 1559 Findings of Fact & Conclusions of Law 1682

ix MDL - Signed Order Brakeshoe 1684 MDL Supplemental Fiber Opinion 1685 11. Emerging Jurisdictions: Delaware 1691

Submitted by R. Thomas Radcliffe, Jr. Master Scheduling Order and Table of Trial Schedule Abstracts (Amended

on May 26, 2006) 1694 Master Trial Scheduling Order and Table of Trial Schedule Abstracts

(Amended on September 7, 2006) 1727 Memorandum Opinion Denying Defendants' Motions to Dismiss, March 8,

2006 1763 Chart Summarizing Theories of Liability, Defenses, and Damage

Limitations in 13 States 1796 Plaintiffs' Memorandum in Opposition to Defendants' Motions for the

Application of Substantive Law of Other Jurisdictions 1797 Order Affirming Summary Judgment, In re Asbestos Litigation; Colgain v.

Oy Partek Ab, No. 359,201, Sup. Ct., DE, May 22, 2002 1810 12. On the Applicability of the SILICA MDL Proceeding to Asbestos 1815 Litigation By Lester Brickman 13. The Future Claims Representative in Prepackaged Asbestos 1843 Bankruptcies: Conflicts of Interest, Strange Alliances, and Unfamiliar

Duties for Burdened Bankruptcy Courts By Mark D. Plevin 14. Sisyphus Had it Easy 1903

By David M. Schulte 15. What, Trustees Worry? 1911

By Ken M. Kawaichi

x ALI-ABA Course of Study Asbestos Litigation in the 21st Century November 30-December 1, 2006 New Orleans, Louisiana

PROGRAM

Thursday, November 30, 2006 7:30 a.m. Registration and Continental Breakfast 8:30 a.m. Introductory Remarks and Course Overview — Messrs. Aldock and Kazan 8:45 a.m. Asbestos Litigation Today and Tomorrow: Facts, Figures, Trends — Messrs. Austern and Rice Is the downturn in filings the temporary result of the pending federal legislation? How many filings will there be in 2007? Where? What disease mix? 9:15 a.m. : Medical Criteria and More — Professor Hensler, Mr. Hanlon, and Ms. Lipsen Since 2004, several states have enacted tort reform bills that have changed the landscape of asbestos litigation. In addition to establishing medical criteria, legislation (and sometimes judicial decisions) have limited or abolished joint and several liability, restricted trial consolidations while allowing pretrial consolidations, made forum shopping more difficult, and changed the standards for liability of premises defendants and distributors. What do these bills actually do? How have they worked in practice? What are plaintiffs doing to respond to these reforms? How are legal challenges faring? What is next? What are the prospects for tort reform in the next Congress? 9:45 a.m. Managing Asbestos Cases: Views from the Bench — Judges Davidson, Jack, and Slights Asbestos judges in Texas and Delaware and the federal judge who addressed the asbestos/silica scandal discuss asbestos case management. 10:30 a.m. Networking Break 10:45 a.m. The Lung Cancer Debate — Messrs. Blevins and Speziali In 2006, a Texas court of appeals held that expert testimony finding a causal connection between lung cancer and asbestosis exposure in the absence of underlying asbestosis should be excluded as unreliable. Does this portend a new chapter in the longstanding controversy over lung cancer causation? What is the state of the medicine? 11:30 a.m. The Past Recaptured: Proving Exposure after All These Years — Messrs. Coon and Jubelirer and Dr. Weaver Asbestos cases frequently involve long-ago exposures, which are inherently difficult to prove - or disprove. This session examines techniques for proving exposure and for challenging exposure evidence. 12:15 p.m. Lunch Break 1:30 p.m. Developments: Premises Liability . and Beyond — Messrs. Siegel and

xi 1:30 p.m. Developments: Premises Liability . and Beyond — Messrs. Siegel and Simpson There have been a number of developments in the law governing the duties of premises owners or employers. The Supreme Courts of Delaware and California have both issued decisions trying to clarify state law regarding an owner's duty to the employees of independent contractors. To what extent have they succeeded? What will the effect of those decisions be? Several courts have now addressed whether employers or premises owners have a duty to family members exposed to asbestos brought home by a worker, with New Jersey favoring the plaintiff, and Georgia favoring the defendant, and Texas still undecided. What is the state of the law on secondary exposure? What are the prospects of extending these rulings to product defendants? 2:15 p.m. Significant Developments in Friction Products and Electrical Equipment Litigation — Ms. Kearse and Messrs. Radcliffe, Speziali, and Tigerman Friction products and electrical equipment cases continue to be tried in significant numbers. What are the issues, which side has prevailed, and where is the litigation going? The speakers are the trying these cases. 3:00 p.m. Networking Break 3:15 p.m. Old Jurisdictions in Transition: The Sea Change in Texas — Messrs. Blevins and Watkins In the mid-1990s, nearly half of all asbestos cases filed in the United States were filed in Texas courts, which were generally perceived as sympathetic to plaintiffs. Since then, repeated waves of tort reform, culminating in the enactment of medical criteria legislation in 2005, have greatly changed the environment for asbestos litigation. Taken together, what effects have the various reforms had, and what are yet to be felt? To what extent have the Texas MDL, and new rules on unimpaired cases, consolidations, joint and several liability, venue, and much more led to a sea change in asbestos litigation in the state? How have plaintiffs and defendants responded to the changed environment? To what extent are cases formerly filed in Texas being filed elsewhere - and where? 4:00 p.m. Emerging Jurisdictions: Delaware — Messrs. Cooper and Radcliffe As the courthouse door has closed in some traditionally plaintiff- friendly jurisdictions such as Mississippi and Madison County, Illinois, asbestos cases have migrated to other jurisdictions. One of the most important of these emerging jurisdictions for asbestos litigation is Delaware. What is Delaware's attractiveness as a forum for asbestos cases? How has the Delaware Superior Court responded to its new prominence in asbestos litigation? What can practitioners learn from the court's management practices and its initial decisions on forum non conveniens rulings and general causation in friction product cases? Where is Delaware headed? 4:45 p.m. Screening: Dead or Just Napping? (Ethics Issues) — Professor

xii 4:45 p.m. Screening: Dead or Just Napping? (Ethics Issues) — Professor Brickman and Messrs. Coon, Rice, and Watkins Since Judge Jack's decision in In re Silica Cases, much attention has been paid to the ethics of litigation screening. Implicated doctors have taken the Fifth Amendment before Congressional committees; NIOSH has been urged to reconsider its monitoring of the B-reader program; prosecutors have been working overtime to determine whether criminal laws have been violated. How significant have unethical screening techniques been in fueling asbestos litigation? To what extent have historical screening programs violated either legal or medical ethics? Is litigation screening over, or lying low? Could screening ethically be revived, shorn of the abuses that have discredited it? Would improved NIOSH regulation of B-readings help? Does it matter whether there is a medical argument for screening in asbestos cases? 5:45 p.m. Adjournment for the Day

Friday, December 1, 2006 7:30 a.m. Continental Breakfast 8:00 a.m. Asbestos Bankruptcies: Past, Present, and Future — Judge Magner, Dr. Martin, and Messrs. Lockwood, Plevin, and Schulte 2006 has been a breakout year for asbestos bankruptcies. What companies are out, what companies are almost out, and what companies are mired? What has been the role of insurers and insurance issues? When is a prepetition settlement program for current claimants in bad faith, and how do you prove it? Can §524(g) be used to wash rich parents of moribund debtors clean of their asbestos liabilities? Under what circumstances can a non-debtor "bolt on" to the bankruptcy of another company? What bearing do changes in the tort system have on the estimation of liabilities of the debtors? What special considerations are present when a debtor in an ordinary business bankruptcy has asbestos liabilities? What are the prospects of §524(g) as a means of achieving global resolution of asbestos liabilities? What are the financial issues in putting together a bankruptcy settlement? Are there changes in section 524(g) that would make this a better process? 9:30 a.m. Everything You Need To Know about the New §524(g) Trusts but Never Thought To Ask — Judge Kawaichi, Dr. Florence, and Messrs. Austern, Mekus, and Snyder By mid-2006 there were at least 28 asbestos trusts representing cumulative assets of more than $1.7 billion. Those numbers continue to grow as more companies emerge from bankruptcy. How do these trusts get up and running? What has worked, and what hasn't? What are the prospects for coordinated claims processing among the various trusts? What are the key issues in trust management, from the perspective of present claimants, the futures' representatives, and other constituencies? 10:30 a.m. Networking Break 10:45 a.m. The Insurance Wars — Messrs. Cusumano and Snyder

xiii 10:45 a.m. The Insurance Wars — Messrs. Cusumano and Snyder Historically, decisions in favor of policyholders on insurance coverage unlocked the resources that have fueled asbestos litigation. The struggle between policyholders and insurers continues into this century. Although the prevalence of arbitration has reduced the visibility of insurance issues, they continue to be important. Large sums turn on what counts as a single "occurrence" under liability policies, what the boundaries are between products/completed operations and general liability coverage, the allocation of losses to policy years, and the like. Moreover, with the explosive growth of asbestos trusts and the recent prevalence of "insurance neutrality clauses" in plans of reorganization, new issues are emerging in coverage disputes between asbestos trusts and insurance companies. This session identifies the controversies that matter today and provides a glimpse of the way in which the conflict-ridden relationship between policyholders and insurers is evolving. 11:45 a.m. Back to the Future — Professor Hensler, and Messrs. Aldock, Blevins, Kazan, Plevin, Siegel, and Watkins Is there an asbestos litigation problem? If so, for whom? Is screening over, or waiting to make a comeback? Could screening be reinvented to avoid fraud and abuse? Will there be a resurgence of trials? Will there be a resurgence of global settlements or other collective treatment? Is there a "next" asbestos? 12:45 p.m. Adjournment

xiv ALI-ABA Course of Study Asbestos Litigation in the 21st Century November 30 - December 1, 2006 New Orleans, Louisiana PLANNING CHAIRS

John D. Aldock, Esquire Steven Kazan, Esquire Goodwin Procter LLP Kazan, McClain, Edises, Abrams, Fernandez, 901 New York Ave NW Lyons & Farrise Washington, DC 20001-4413 Suite 300 171 12th Street Oakland, CA 94607

FACULTY

David T. Austern, Esquire Jeffrey S. Cooper President SimmonsCooper LLC Claims Resolution Management Corporation 707 Berkshire Boulevard Legal Department East Alton, IL 62024 Suite 200 P.O. Box 12003 Robert F. Cusumano, Esquire 3110 Fairview Park Drive General Counsel and Secretary Falls Church, VA 22042 ACE Limited Hamilton HM08 Bryan O. Blevins, Jr. 17 Woodbourne Avenue Provost & Umphrey, L.L.P. BERMUDA P.O. Box 4905 490 Park Street The Honorable Mark Davidson Beaumont, TX 77701 Harris County - 11th District Court 2nd Floor Professor Lester Brickman 301 Fannin Benjamin N. Cardozo School of Law Houston, TX 77002 Yeshiva University 55 Fifth Avenue B. Thomas Florence, Ph.D. New York, NY 10003 Analysis, Research, Planning Consulting Suite 700 Brent W. Coon, Esquire 1220 19th Street, NW Brent Coon & Associates Washington, DC 20036 3550 Fannin Street Beaumont, TX 77701

xv Patrick M. Hanlon, Esquire Peter Van N. Lockwood, Esquire Goodwin Procter LLP Caplin & Drysdale, Chartered 901 New York Avenue, NW 1 Thomas Circle, NW Washington, DC 20001 Washington, DC 20005

Professor Deborah R. Hensler The Honorable Elizabeth Wall Magner Senior Fellow RAND Institute for Civil U.S. Bankruptcy Court Hale Boggs Federal Justice, and Judge John W. Ford Professor of Building Dispute Resolution Suite B-601 Stanford Law School 500 Poydras Street 559 Nathan Abbott Way New Orleans, LA 70130 Stanford, CA 94305 Denise Neumann Martin, Ph.D. The Honorable Janis Graham Jack Senior Vice President U.S. District Court NERA 1133 N Shoreline Boulevard Economic Consulting Corpus Christi, TX 78401 34th Floor 1166 Avenue of The Americas Eliot S. Jubelirer, Esquire New York, NY 10036 Morgenstein & Jubelirer LLP Thirty-Second Floor John L. Mekus, Esquire Spear Street Tower Executive Director One Market Celotex Asbestos Settlement Trust San Francisco, CA 94105 The Nemours Building Suite 110 Ken M. Kawaichi, Esquire 1007 N Orange Street Neutral Wilmington, DE 19801 JAMS Suite 700 Mark D. Plevin, Esquire 100 Pringle Avenue Crowell & Moring LLP Walnut Creek, CA 94596 1001 Pennsylvania Avenue, NW Washington, DC 20004 Anne M. Kearse, Esquire Motley Rice LLC R. Thomas Radcliffe, Jr., Esquire P.O. Box 1792 DeHay & Elliston, L.L.P. 28 Bridgeside Boulevard Suite 1300 Mount Pleasant, SC 29464 36 South Charles Street Baltimore, MD 21201 Linda A. Lipsen, Esquire Senior Vice President for Public Affairs Joseph F. Rice, Esquire Association of Trial Lawyers of America Motley Rice LLC 1050 31st Street, NW PO Box 1792 Washington, DC 20007 28 Bridgeside Boulevard Mount Pleasant, SC 29465

xvi David M. Schulte, Esquire David A. Speziali, Esquire Managing Partner Speziali, Greenwald & Hawkins, P.C. Chilmark Partners, L.L.C. Box 1086 Suite 3460 1081 Winslow Road 875 North Michigan Avenue Williamstown, NJ 08094 Chicago, IL 60611 Stephen M. Tigerman, Esquire Charles S. Siegel, Esquire Horowitz & Tigerman LLP Partner erd Floor Waters & Kraus, LLP 450 Sansome Street Suite 3000 San Francisco, CA 94111 3219 McKinney Avenue Dallas, TX 75204 Walter G. Watkins, Jr., Esquire Forman Perry Watkins Krutz & Tardy LLP Reagan W. Simpson, Esquire Suite 100 King & Spalding LLP City Centre 1100 Louisiana St Ste 3300 200 South Lamar Street Houston, TX 77002-5216 Jackson, MS 39201

The Honorable Joseph R. Slights, III Professor Charles A. Weaver, III, Ph.D. Superior Court of Delaware Professor of Psychology & Neuroscience New Castle County Courthouse Baylor University Suite 10400 One Bear Place #97334 500 North King Street Waco, TX 76798 Wilmington, DE 19801

Stephen M. Snyder, Esquire Snyder Miller & Orton LLP Suite 1950 111 Sutter Street San Francisco, CA 94104

xvii 2

BIOGRAPHIES

PLANNING CHAIRS

John D. Aldock, Washington, D.C. Goodwin Procter LLP B.S., Northwestern University, 1964; LL.B., University of Pennsylvania, 1967 Fellow, American Bar Foundation Memberships: The Judicial Conference and Civil Justice Reform Act Advisory Committee for the District of Columbia Circuit; The American Law Institute; Board of Directors, Washington Leal Clinic for the Homeless; Council for Court Excellence; Advisory Committee on Rules, U.S. District Court for the District of Columbia; Panel of Distinguished Neutrals, CPR International Institute for Conflict Prevention and Resolution Publications: The Use of Settlement Class Actions to Resolve Mass Tort claims After Amchem Products, Inc. v. Windsor, TORT & INSURANCE LAW JOURNAL, American Bar Assn., Spring 1998; Settlement Class Actions and The Third Circuit’s General Motors Decision, CLASS ACTIONS & DERIVATIVE SUITS, American Bar Assn., Section of Litigation, Winter 1996, Vol. 6, No. 1; Carlough v. Amchem: A Fair and Lawful Solution to the Asbestos Crisis, TOXIC LAW REPORTER, Vol. 8, No. 2 (June 16, 1993); with Patrick M. Hanlon and Mark S. Raffman, Multidistrict Litigation Order Criticizes Thousands of Silicosis Claims; Potential Implications for Other Areas of Mass Tort Litigation, on martindale.com, July 15, 2005, previously published July 14, 2005 Public Service: Law Clerk to Judge Luther W. Youngdahl, U.S. District Court for the District of Columbia, 1967-1968; Assistant U.S. Attorney for the District of Columbia, 1968-1971; Deputy Independent Counsel (Meese Investigation), 1984

Steven Kazan, Oakland, California Kazan, McClain, Abrams, Fernandez, Lyons, Farrise & Greenwood, P.L.C. A.B., Brandeis University; Harvard University, LL.B., 1966 Memberships: Alameda County Bar Association; New York State Bar Association; Federal Bar Associations; State Bar of California; Consumer Attorneys of California (Member, Board of Governors, 1980-1996; Parliamentarian, 1989; Vice-President, North, 1990; Recognized experience in the fields of Trial Law, Professional Negligence, General Personal Injury and Products Liability Law); The Association of Trial Lawyers of America; Alameda-Contra Costa Trial Lawyers Association (President, 1980); Trial Lawyers for Public Justice; Asbestos Litigation Group, 1975—. Public Service: Assistant to General Counsel, Interstate Commerce Commission, Washington, D.C., 1967-1969; Assistant United States Attorney, Northern District of California, 1969-1971 Transactions: Plaintiffs' Class Counsel: Ahearn v. Fibreboard; Creditors Committees for: H.K. Porter, Celotex, Amatex, Babcock & Wilcox, Armstrong World Industries, GAF (GI), U.S. Gypsum, W.R. Grace, Federal Mogul Corp., A.P. Green, Harbison Walker, Kaiser Aluminum, Plibrico, NARCO, ACandS, ARTRA, Owens Corning, T & N, Combustion Engineering, Muralo, Congoleum, Flintkote, Special Electric, and Quigley Bankruptcies

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FACULTY

David T. Austern, Falls Church, Virginia President, Claims Resolution Management Corp. General Counsel, Manville Personal Injury Settlement Trust Adjunct Professor of Law, American University Law School B.A., University of Pennsylvania; LL.B., Public Service: Assistant U.S. Attorney, Washington, D.C., 1969-1973; Assistant District Attorney, New York County District Attorney’s Office, 1964-1968 Publications: STREET LAW: AN INTRODUCTION TO LAW FOR THE LAYMAN, West Publishing Co., 1975; Uniform Rules of Criminal Procedure: Comparison and Analysis, American Bar. Assn. Press, 1977 (with David Epstein); THE CRIME VICTIM’S HANDBOOOK, Viking/Penguin, 1987; GOVERNMENT, ETHICS, AND MANAGERS: A GUIDE TO SOLVING ETHICAL DILEMMAS IN THE PUBLIC SECTOR, Praeger, 1990 (with Sheldon Steinberg)

Bryan O. Blevins, Jr., Beaumont, Texas Provost & Umphrey, L.L.P. B.A., Southern Methodist University; J.D., Baylor Law School Memberships: State Bar of Texas; Jefferson County Bar Association; Texas Trial Lawyers Association; Southeast Texas Trial Lawyers Association; Bar Association of the Fifth Federal Circuit

Lester Brickman, New York, New York Professor of Law and former Acting Dean, Benjamin N. Cardozo School of Law B.S., Carnegie-Mellon University; J.D., Law School; LL.M., Professor Brickman teaches , legal ethics, and land use, among other courses. He has written extensively on legal ethics, and his writings are widely cited. His areas of specialty include legal fees - in particular, contingency fees and their effect on the tort system, asbestos litigation, fee arbitration, and class actions - subjects on which he is frequently quoted in the media. He maintains a Web site at www.LesterBrickman.com.

Brent W. Coon, Beaumont, Texas Brent Coon & Associates Board Certified, Personal Injury Trial Law, Texas Board of Legal Specialization Board Certified, Civil Trial Law, National Board of Trial Advocacy B.S., Lamar University; J.D., University of Houston Law Center Professional Affiliations: Texas Trial Lawyers Association: Board of Directors (Legislative Task Force, Sustaining Member, Fellow); Southeast Texas Trial Lawyers Association (Former President, Current Executive Committeeman); Association of Trial Lawyers of America (Litigation and Environmental Section: Law Firm Fellow, Leaders Forum, Labor Liaison Committee); Jefferson County Bar Association (Blackstone Nominating Committee, 2001); Jefferson County Young Lawyers Association (former Chairman; Outstanding Young , 1997; Nominating Committee); Port Arthur Bar Association (officer); Million Dollar Advocates Forum; Trial Lawyers for Public Justice; College of the State Bar, 1998; Jefferson County Dispute Resolution (Mediator); Texas Bar Foundation

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Jeffrey S. Cooper, East Alton, Illinois SimmonsCooper LLC B.A., DePauw University; J.D., St. Louis University School of Law Memberships: , Association of Trial Lawyers of America, Illinois Trial Lawyers Association, Chicago Bar Association, and Madison County Bar Association Public Service: former Assistant State’s Attorney, Madison County; former City Prosecutor, Granite City, Illinois

Robert F. Cusumano, Hamilton, Bermuda General Counsel and Secretary, ACE Limited B.A., Harvard University; J.D., University of Pennsylvania Prior Affiliations: Partner, Debevoise & Plimpton – 2003-2005; Partner, Simpson Thacher & Bartlett – 1990-2003; Associate, Simpson Thacher – 1983-1989; Associate, Cravath Swaine & Moore – 1980-1983

Mark Davidson, Houston, Texas District Court Judge, Harris County Life Fellow, Texas Bar Foundation B.A., University of Texas at Austin; J.D., University of Houston Law School Memberships: State Bar of Texas (Litigation Section; Judicial Section); Houston Bar Association (HBA Historical Committee, 1989-1996; Chair, 1995-1997; Judicial Survey Committee, 1993-1994) Publications: The Making of a Judge - 1862; Electing a Judge During the Civil War, THE HOUSTON LAWYER, September-October, 1998; The Making of a Judge – 1918: A Profile in Judicial Courage, THE HOUSTON LAWYER, November-December, 1998; The Making of a Judge – 1938: Negative Campaigning Comes to the Judiciary, THE HOUSTON LAWYER, January-February, 1999; The Making of a Judge – 1958: Two Party Politics in a One Party State, THE HOUSTON LAWYER, March-April, 1999; The Making of a Judge – 1968: Judicial Election by Party Organization, THE HOUSTON LAWYER, May-June, 1999; The Making of a Judge – 1972: The Future of Judicial Elections Arrives, THE HOUSTON LAWYER, July-August, 1999; The Making of a Justice – The 1958 Joe Greenhill-Sarah T. Hughes Race for the Supreme Court, (with Kent Rutter), TEXAS BAR JOURNAL, November, 2000; The Texas Supreme Court Goes to War – Texas Women Respond to the Court’s Call to Duty (with Kent Rutter), TEXAS BAR JOURNAL, January 2002; The Texas Supreme Court Goes to War – The Colonel Versus the Judge (with Kent Rutter), TEXAS BAR JOURNAL, February, 2002; Emeline’s Story, THE HOUSTON LAWYER, January-February, 2005; Judge David Hittner, Last and Best of His Kind. SOUTH TEXAS LAW JOURNAL, February, 2005

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B. Thomas Florence, Ph.D., Washington, D.C. Analysis, Research, Planning Consulting

Patrick M. Hanlon, Washington, D.C. Goodwin Procter LLP A.B., University of Chicago, 1967; Ph.D., Harvard University, 1974; J.D., , 1976 Publications: Multidistrict Litigation Order Criticizes Thousands of Silicosis Claims; Potential Implications for Other Areas of Mass Tort Litigation, on martindale.com, with John D. Aldock and Mark S. Raffman, July 15, 2005, previously published July 14, 2005; Recent Supreme Court Decision Will Make It Easier for Companies to Litigate Class Actions and Multi-Party Claims in Federal Court, on martindale.com, with Joanne M. Gray and U. Gwyn Williams, July 7, 2005, previously published June 29, 2005; Asbestos Reform Legislation Could Be Enacted by Year's End, on martindale.com, with Shepard M. Remis, Thomas J. Mikula, Christopher J. Garvey, June 2, 2005, previously published June 1, 2005; and New Law Will Help Protect Companies from Class Action and ‘Mass’ Litigation Abuse, on martindale.com, with Christopher J. Garvey, Joanne M. Gray, Patrick M. Hanlon, U. Gwyn Williams, February 13, 2005, previously published February 11, 2005

Deborah R. Hensler, Stanford, California Judge John W. Ford Professor of Dispute Resolution and Associate Dean for Graduate Studies, Stanford Law School Fellow, American Academy of Political and Social Science BA, City University of New York, 1963; PhD, Massachusetts Institute of Technology, 1973 Memberships: Board of Directors, American Judicature Society, 1993-199; Board of Directors, American Inns of Court, Leadership Council, 1997-2001 Publications: Stephen J. Carroll, Deborah R. Hensler, Jennifer Gross, Elizabeth M. Sloss, Matthias Schonlau, Allan Abrahamse, J.Scott Ashwood, Asbestos Litigation, Santa Monica, CA: RAND Institute for Civil Justice, 2005. MG-162. 170 pages; Our Courts, Ourselves: the Transformation of the U.S. Court System, 108 PENN STATE LAW REVIEW 165-197 (2003); Deborah R. Hensler, Nicholas M. Pace, Bonita Dombey-Moore, Beth Giddens, Jennifer Gross, and Erik K. Moller, Class Action Dilemmas: Pursuing Public Goals for Private Gain, Santa Monica: Rand Institute for Civil Justice, 609 p., 2000; Deborah R. Hensler and Mark Peterson, Understanding Mass Personal Injury Litigation: A Socio-Legal Analysis, 59 BROOKLYN LAW REVIEW 961 (1993); Deborah Hensler et al., Costs and Compensation for Accidental Injury in the United States (Santa Monica, Calif.: RAND) Prior Affiliations: Faculty, RAND Graduate School, 1980-1993; Director, RAND Institute for Civil Justice, 1993-1998; Senior Fellow, RAND, 1998-2001

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Janis Graham Jack, Corpus Christi, Texas U.S. District Court Judge R.N., St. Thomas School of Nursing, 1969; B.A., University of Baltimore, B.A., 1974; J.D., South Texas College of Law, 1981 Fellow, Texas Bar Foundation Memberships: American Bar Association; State Bar of Texas (Past Council Member, Women and the Law Section); Federal Judges Association; Fifth Circuit District Judges Association; Judicial Conference Committee on Information Technology; National Association of Women Judges; The Maritime Law Association of the United States

Eliot S. Jubelirer, San Francisco, California Morgenstein & Jubelirer LLP B.A., University of Wisconsin, 1971; J.D., Boalt Hall School of Law, University of California at Berkeley, 1974 Memberships: American Bar Association; Bar Association of San Francisco; The Network of Trial Lawyers; Defense Research Institute Publications: Techniques and Strategies in Trying Fear of Cancer Cases, and Use of High Resolution CT Scans in Trying Lung Disease Cases, Defense Research Institute, 1987, 1988; Multiple Chemical Sensitivities and Case Consolidation Practices, Business Strategy Network, Defense Research Institute, 1994, 1995; Medical Monitoring Claims in Toxic Tort Cases, Defense Research Institute, Mealey's Asbestos Litigation Seminar 1998

Ken M. Kawaichi, Walnut Creek, California Neutral, JAMS A.B., Pomona College, 1963; LL.B., University of California at Berkeley, Boalt Hall School of Law, 1966 Memberships: California Judges' Association; Past President, California Asian/Pacific Judges' Association; California Judicial Council Committees: Civil Forms; Civil and Small Claims; Task Force on Complex Litigation; Task Force on Race and Ethnic Bias; Chair, Access and Fairness; Chair, CJER Fairness Planning; University of California, Berkeley, Community Advisory Board; American Bar Association; Alameda County Bar Association; American Trial Lawyers' Association; California Trial Lawyers’ Association; Chair Elect, National Judicial College Faculty Council; Faculty, CJER Judges' College, National Judicial College, CEB, NITA, PLI, Judicial courses in China, Russia, Mexico, Puerto Rico, Micronesia, California, Nevada, Utah, Pennsylvania, Texas, New York, Massachusetts, New Hampshire, Washington, and Hawaii Prior Affiliations: Judge, Alameda Superior Court, 1980-2003; Judge, Oakland-Piedmont- Emeryville Municipal Court, 1975-1980; Partner, Yonemura, Yasaki & Kawaichi, Oakland, CA, 1969-1975; Assistant Professor, University of California, Berkeley, 1970- 1973; Associate, Yonemura & Yasaki, Oakland, CA, 1966-1969

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Anne M. Kearse, Mt. Pleasant, South Carolina Motley Rice LLC B.S., Syracuse University, 1983; J.D., University of South Carolina, 1998 Memberships: American Bar Association; Association of Trial Lawyers of America; South Carolina Trial Lawyers Association Publications: Comment, Forfeiting the Home-Court Advantage: The Federal Doctrine of Forum Non Conveniens, 49 S.C. LAW REV. 1303 (Summer 1998); Decades of Deception: Secrets of Lead, Asbestos, and Tobacco, TRIAL MAGAZINE (October 1999); The Consolidation Experience - Managing Asbestos Litigation (unpublished manuscript) (on file with author); Motley, Patrick and Kearse, Medicolegal Aspects of Asbestos- Related Disease: A Plaintiff's Attorney's Perspective in Roggli, et al., PATHOLOGY OF ASBESTOS-ASSOCIATED DISEASES, SECOND EDITION (2004)

Linda A. Lipsen, Washington, D.C. Senior Vice President for Public Affairs, Association of Trial Lawyers of America

Peter Van N. Lockwood, Washington, D.C. Caplin & Drysdale, Chartered B.A., Harvard College, 1963; J.D., Harvard Law School, 1966 Other Professional Affiliations: Co-founder, President and Director of Clean Water Fund; Co- founder and Chairman, Finance Committee, and Director of Clean Water Action Government Experience: Law Clerk to the Honorable Thurgood Marshall, U.S. Supreme Court, 1967-68; Law Clerk to Chief Judge Bailey Aldrich, U.S. Court of Appeals for the First Circuit, 1966-67

Elizabeth Wall Magner, New Orleans, Louisiana U.S. Bankruptcy Judge

Denise Newmann Martin, Ph.D., New York, New York Senior Vice President, NERA Economic Consulting B.A. in economics and French, Wellesley College; Ph.D. and M.A. in economics, Harvard University Prior Affiliations: Assistant Economist at the Federal Reserve Bank of New York, where she analyzed the interest rate swap and Eurobond markets; economic consultant for Urban Systems Research and Engineering, a firm specializing in projects for government agencies Publications: Co-author with Lucy Allen, Dr. Simona Heumann, Paul Hinton, and Dr. Faten Sabry, Forecasting Product Liability by Understanding the Driving Forces, in THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO PRODUCT LIABILITY, 30 June 2006; Co-author with Drs. Fred Dunbar, Clearing Uninjured Plaintiffs from the Tort System: The Road to a Solution, in LEGAL BACKGROUNDER, 25 July 2003; Co-author with Dr. Vinita Junega and Dr. David Tabak, What Does the Market Think a bout Your Y2K Exposure? in VIEWPOINT, 1 December 1999

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John L. Mekus, Wilmington, Delaware Executive Director, Celotex Asbestos Settlement Trust Vice President, AIG Senior Vice President, Leader Insurance Co., a subsidiary of American Financial Group B.S., Miami University; J.D, University of Cincinnati

Mark D. Plevin, Washington, D.C. Crowell & Moring LLP B.A. in Economics, State University of New York at Albany, 1978; J.D., University of Virginia, 1981 Publications: The Future Claims Representative in Prepackaged Asbestos Bankruptcies: Conflicts of Interest, Strange Alliances, And Unfamiliar Duties for Burdened Bankruptcy Courts, NYU ANNUAL SURVEY OF AMERICAN LAW, Vol. 62:2 (August 6, 2006). Co-Authors: Leslie A. Epley and Clifton S. Elgarten; Where Are They Now, Part Three: A Continuing History Of The Companies That Have Sought Bankruptcy Protection Due To Asbestos Claims, MEALEY'S ASBESTOS BANKRUPTCY REPORT, Vol. 5 No. 4 (November, 2005). Co-Authors: Paul W. Kalish and Leslie A. Epley; Court Issues Key Ruling on Estimating Liability in Asbestos Bankruptcies, LEGAL BACKGROUNDER: WASHINGTON LEGAL FOUNDATION - ADVOCATE FOR FREEDOM AND JUSTICE, Vol. 20, No. 33, (July 29, 2005) Co-Author: Leslie A. Epley; The Limits of Morton: The Resistible Force of Regulatory Estoppel Meets The Immovable Object of New York's Insurance Statute, MEALEY'S LITIGATION REPORT: INSURANCE, (May 2005), Co-Author: Paul Alp; Pre-packaged Asbestos Bankruptcies: A Flawed Solution, SOUTH TEXAS LAW REVIEW, (Fall 2003), Mark D. Plevin, Robert T. Ebert, and Leslie A. Epley; Asbestos Bankruptcy Basics and Selected Related Insurance Issues, Mealey's Asbestos Bankruptcy Conference (June 3, 2003); Travelers v. Eljer: No Need for "Drafting History", COVERAGE, Vol.13, No.1, January/February 2003. Co-Authors: Paul Alp and Jennifer Schlosser; Federal Appeals Court Urges Congressional Action on Asbestos Liability Crisis, LEGAL BACKGROUNDER: WASHINGTON LEGAL FOUNDATION - ADVOCATE FOR FREEDOM AND JUSTICE, Vol. 17, No. 53 (Dec. 20, 2002). Co-Author: Leslie A. Epley; Where Are They Now, Part Two: A Continuing History Of The Companies That Have Sought Bankruptcy Protection Due To Asbestos Claims, MEALEY'S LITIGATION REPORTS: ASBESTOS, Vol.17 No.20 (Nov. 15, 2002) at 32. Co-Authors: Paul W. Kalish and Leslie A. Epley; Winning Litigation and Settlement Tactics in Asbestos Bankruptcies, AMERICAN CONFERENCE INSTITUTE, "ASBESTOS LITIGATION: THE NEXT GENERATION" (October 11, 2002); The End of Eljer v. Liberty Mutual, JOURNAL OF INSURANCE COVERAGE, Vol.5 No.2 (Spring 2002). Co-Authors: Jennifer E. Schlosser and Paul Alp; Current Insurance Issues in Major Asbestos Bankruptcies, MEALEY'S ASBESTOS BANKRUPTCY REPORT (November, 2001), Mark D. Plevin; Coverage Issues in Bankruptcy Actions, ALI-ABA ADVANCED COURSE OF STUDY, "INSURANCE COVERAGE IN THE NEW MILLENNIUM," (October 11, 2001);

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Asbestos Bankruptcies, MEALEY'S PUBLICATIONS, "CALIFORNIA INSURANCE CONFERENCE" (June 21-22, 2001); Where Are They Now? A History Of The Companies That Have Sought Bankruptcy Protection Due To Asbestos Claims, MEALEY'S ASBESTOS BANKRUPTCY REPORT (August, 2001), Mark D. Plevin & Paul W. Kalish; What's Behind The Recent Wave of Asbestos Bankruptcies, MEALEY'S LITIGATION REPORTS: ASBESTOS (April 20, 2001), Mark D. Plevin & Paul W. Kalish

R. Thomas Radcliffe, Jr., Baltimore, Maryland DeHay & Elliston, L.L.P. B.A., Tulane University of Louisiana, 1982; J.D., Loyola University of New Orleans, 1986 Memberships: Maryland State Bar Association; Pennsylvania State Bar Association; Virginia State Bar Association; District of Columbia Bar Association; Baltimore Bar Association; Maryland Defense Counsel

Joseph F. Rice, Mount Pleasant, South Carolina Motley Rice LLC B.S., University of South Carolina , 1976; J.D., University of South Carolina, 1979 Memberships: American Bar Association; Association of Trial Lawyers of America; American Inns of Court Trustee; South Carolina Trial Lawyers Association; Hollings Cancer Institute Board; Board Member of Onconstasis Publications: Judicial Innovation in Asbestos Mass Tort Litigation, 33 TORT AND INSURANCE L.J. 127 (1997); Approaches to Global Resolution of Mass Tort Claims, presented to the ABA Tort and Insurance Practice Section-Toxic and Hazardous Substances and Environmental Law Committee, Copyright 1998 American Bar Association; The Future of Mass Tort Claims: Comparison of Settlement Class Action to Bankruptcy Treatment of Mass Tort Claims, SOUTH CAROLINA LAW REVIEW, Winter 1999. Recipient, President’s Award of the National Association of Attorneys General, 1998 Teaching: Senior Lecturing Fellow, Duke University School of Law, 1999-2000

David M. Schulte, Chicago, Illinois Managing Partner, Chilmark Partners, L.L.C., 1984 - present B.A., Williams College; J.D., Yale Law School Law Clerk to Mr. Justice Stewart, U.S. Supreme Court, 1972-1973 Member, District of Columbia Bar Association Prior Affiliations: Salomon Brothers, 1980-1984 (responsible for corporate reorganizations and capital redeployment assignments); Northwest Industries, 1973-1980 (vice president, corporate development)

Charles S. Siegel, Dallas, Texas Waters & Kraus, LLP Adjunct Professor, University of Houston Law School, 1995; Guest Lecturer: University of Texas at Austin School of Law; Southern Methodist University School of Law, Dallas; University of the West Indies College of Law, Barbados B.A., University of Texas, 1982; J.D., University of Texas, 1985

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Memberships: State Bar of Texas; American Bar Association; Dallas County Bar Association; The Association of Trial Lawyers of America (Member, Amicus Curiae Committee); Trial Lawyers for Public Justice (Member, Board of Directors, 1995-1997) Recipient, American Jurisprudence Award in Admiralty, 1985 Contributing Author, Managing Complex Litigation: Class Actions and Mass Torts, BAYLOR LAW REVIEW, 1996

Reagan W. Simpson, Houston, Texas King & Spalding, LLP B.A., University of Texas; J.D., University of Texas Fellow, Houston, Texas, and American Bar Foundations Memberships: American Bar Association (Member, Council of Appellate Lawyers; former ABA advisor to the Drafting Committee to revise the Uniform Rules of Evidence; former chair of the Appellate Advocacy Committee, Appellate Advocacy Committee, General Committee Board, and the Civil Procedure and Evidence Committee of the Tort and Insurance Practice Section; liaison of the Tort and Insurance Practice Section to the American Law Institute on the products liability sections in the Restatement of Torts); Houston Bar Association; Federation of Insurance and Corporate Counsel; and State Bar of Texas Publications: Editor, LAW & PRACTICE OF INSURANCE COVERAGE LITIGATION, published by the West Group; author, CIVIL DISCOVERY & DEPOSITIONS, published by Aspen Publishers; principal author of the first edition and co-author of the second edition of EFFECTIVE AMICUS PRACTICE, published by the American Bar Association

Joseph R. Slights, III, Wilmington, Delaware Superior Court Judge, New Castle County (specially assigned to preside over the Court's complex tort litigation docket) B.S., James Madison University, 1985; J.D., Washington and Lee University School of Law, 1988 Memberships: American Bar Association; Delaware State Bar Association; past chairman, Health Law Section); Chairman, Judicial Ethics Advisory Committee, Supreme Court of Delaware; chair of project to develop "plain English" pattern criminal jury instructions for the Delaware Superior Court Prior Affiliations: Associate, Richards, Layton & Finger, 1988-1990; Associate, Law Offices of Sidney Balick, 1990-1992; Partner, Morris, James, Hitchens & Williams, 1992-2000

Stephen M. Snyder, San Francisco, California Snyder Miller & Orton LLP B.A., University of California at Santa Barbara, 1965; Master of Public Administration, Cornell University, 1971; J.D., Cornell Law School, 1972 Former Trustee, Western Asbestos Settlement Trust Memberships: Bar Association of San Francisco (former member, Board of Directors); San Francisco Embarcadero YMCA (former Chair); founding director, Danny Foundation (a non-profit foundation advocating for nursery product safety); Dominican School of Philosophy and Theology of the Graduate Theological Union. (former trustee)

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Prior Affiliations: Brobeck, Phleger & Harrison LLP, serving in numerous leadership positions, including Chair of the Firm from 1996 to 1998; one year with Morgan Lewis & Bockius Teaching: former Assistant Professor of Law, Northwestern University Law School, 1975-1977; former member, Teaching Committee for the Federal Practice Program in the United States District Court for the Northern District of California; has served routinely on the faculty for the National Institute of Trial Advocacy, in training programs at Hastings College of Law, and in connection with Trial Advocacy Programs at Boalt Hall Law School at U.C. Berkeley and at Stanford Law School

David A. Speziali, Williamstown, New Jersey Speziali, Greenwald & Hawkins, P.C.

Stephen M. Tigerman, San Francisco, California Horowitz & Tigerman LLP Judge Pro Tem, San Francisco Superior Court, 2003 - Present Certified Trial Specialist, National Board of Trial Advocacy J.D., University of San Francisco School of Law Adjunct Faculty, University of San Francisco School of Law Intensive Advocacy Program and the Stanford University Law School Advocacy Program Memberships: Board of Governors, Consumer Attorneys of California and the San Francisco Trial Lawyers Association; American Board of Trial Advocates (ABOTA); Million Dollar Advocates' Forum Prior Affiliations: Wartnick, Chaber, Harowitz & Tigerman, San Francisco, CA, Partner, 1995 – 2000; Cartwright, Slobodin, Bokelman, et al., San Francisco, CA, Partner, 1985 – 1994; Archer, Rosenak & Hansen, San Francisco, CA, Associate, 1984 – 1985; San Francisco Superior Court, San Francisco, CA, Research Attorney, 1983 – 1984

Walter G. Watkins, Jr., Jackson, Mississippi Forman Perry Watkins Krutz & Tardy LLP B.A., University of Mississippi, with distinction, 1976; J.D., University of Mississippi, 1979 Memberships: The Mississippi Bar; American Bar Association; Mississippi Defense Lawyers Association; Hinds County Bar Association Associate Editor, Note Editor and Research Editor, MISSISSIPPI LAW JOURNAL, 1977-1978

Charles A. Weaver, III, Ph.D., Waco, Texas Professor of Psychology and Neuroscience, Baylor University B.S., Baylor University; M.A. and Ph.D., University of Colorado Associate Editor, JOURNAL OF EXPERIMENTAL PSYCHOLOGY: LEARNING, MEMORY AND COGNITION, 2000-2002 Editorial Boards: MEMORY AND COGNITION (1996-2000); JOURNAL OF EDUCATIONAL PSYCHOLOGY (1992-present); TRAINING RESEARCH JOURNAL (1992-1999); AMERICAN EDUCATIONAL RESEARCH JOURNAL (1996-1999); JOURNAL OF EXPERIMENTAL PSYCHOLOGY: LEARNING, MEMORY, AND COGNITION (2002-present) Professional Affiliations: American Psychological Society (Charter Member); Psychonomic Society; Southwestern Psychological Association (Program Chair, 1995-1996); Society

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for Text and Discourse; Society for Applied Research in Memory and Cognition; Scientific Advisory Board, False Memory Syndrome Foundation Publications: Co-author with C.B. Wortman and E.F. Loftus, PSYCHOLOGY, 5TH EDITION (1999, McGraw-Hill); more than 30 scientific articles; more than 60 professional and scientific presentations

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