Asbestos Personal Injury Litigation in the Federal Courts:

MDL-875: Past, Present & Future

Eduardo C. Robreno, Presiding JudgeUnited States District Court for the Eastern District of

Pennsylvania

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© June 12, 2009As Amended September 20, 2011Available at: http://www.paed.uscourts.gov/mdl875a.asp

Status of MDL-875 as of 10/1/2008

• About 122,000 plaintiffs, each of whom had sued, on average, over 50 defendants (land).

• Estimated number of open claims in excess of 10 million.

• Maritime Docket (MARDOC): a separate docket consisting of about 47,000 cases.

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Voluntary /Involuntary Dismissal of Viable Defendants

CASE IS LISTED FOR HEARING

Involuntary Dismissal

Contested Compliance with Admin. Ords.

Plaintiff has complied with Admin. Ords. 11 & 12.

Non-Viable Defendants Bankruptcy docket

Daubert Hearing/ other Evidentiary Hearing

NOTE: A non-viable defendant is a party that is in bankruptcy proceedings

Rule 26(f) Report/ Rule 16 Conference

Settlement Conference

Summary Judgment Motions Hearing before District Judge or three judge panel of Magistrate Judges

Malignancy & Non-Malignancy Tracks

Trial in E.D. Pa. or Remand to Transferor District (pursuant to Admin. Ord. 18)

Settlement/Final Pretrial Conference

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Summary judgment motions filed

No answer – case/certain defendants subject to

dismissalAnswer is filed

Hearing

30 Days

Summary Judgment Granted – Certain

Defendants Dismissed.

Summary Judgment Denied, Suggestion of Remand Pending

210 Days

20 Days

Suggestion of Remand Filed

Remand 14 Days

No Motions for Summary Judgment

filed

Final Settlement Conference

Conclusion of Discovery Period

Final Settlement Conference

Final Settlement Conference

Final Settlement Conference

Inter-Circuit Assignment

Status of MDL-875 as of 9/20/2011

• Approximately 7,000 Land-Based Cases• Maritime Docket (MARDOC): a separate

docket consisting of about 4,300 cases.

• Most cases will be resolved (either dismissed, settled, or remanded) by December 31, 2011, except for the following four groups:

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Groups of Cases that will Remain Pending in 2012

• Eastern District of Virginia Cases 4,562• 7th Circuit Cases (IN, ILL, WI) 1,785• “Pipeline” (newly filed/trnsfd) 556

Total (land): 6,903• MARDOC 4,294

Grand Total: 11,197

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Status of the Resolution of the Four 2012 Groups

• Eastern District of Virginia Cases: The cases are stayed pending the United States Supreme Court Decision in Kurns. Magistrate Judge Angell & Special Master Lassman designated.

• 7th Circuit Cases (IN, ILL, WI): Cases have just begun to be put on scheduling orders that conclude December 31, 2012. Magistrate Judge Strawbridge designated.

• MARDOC: Scheduling orders will issue shortly for conclusion by December 31, 2012. Magistrate Judge Hey and Special Master Lassman designated.

• “Pipeline” (newly filed/transferred cases): Scheduling orders are issued as the cases are transferred. Set to conclude by December 31, 2012.

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Hearing Dates for the Pipeline CasesDate Jurisdiction No. of Cases

Nov. 8, 2011 AK 1Nov. 22, 2011 Various 22Dec. 6, 2011 Various 21Dec. 20, 2011 ME 1Jan. 10, 2012 Various 19Jan. 24, 2012 Various 21Feb. 21, 2012 Various 17March 6, 2012 Various 2March 20, 2012 Various 17April 10, 2012 Various 4April 20, 2012 SC 2April 24, 2012 Various 20May 22, 2012 Various 37June 19, 2012 Various 5July 24, 2012 Various 38Aug. 14, 2012 PA 13

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Future Hearings to be Scheduled

• Status & Scheduling Conference in Cascino Vaughn (“CVLO”) cases

• Status & Scheduling Conference in MARDOC cases

• Summary Judgment in CVLO and MARDOC cases

• Eastern District of Virginia cases• Miscellaneous motions hearings

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MDL-875 Legal Architecture

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MDL-875 Legal Architecture Continued

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Asbestos: A Health-Legal Crisis [?]

• Former Third Circuit Chief Judge Edward R. Becker described the social effect of Asbestos in Georgine v. Amchem Prods., Inc.:– The use of asbestos “is a tale of danger known

about in the 1930s, [with] exposure inflicted upon millions of Americans in the 1940s and 1950s, injuries that began to take their toll in the 1960s, and a flood of lawsuits beginning in the 1970s.”

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