Fw: Asbestos, Breast Implants, Tobacco & Other Tort-Plagued Manufacturers

[Guest guest]

From: " ilena rose " <ilena@...>

Sent: Monday, July 02, 2001 7:27 PM

Subject: Asbestos, Breast Implants, Tobacco & Other Tort-Plagued

Manufacturers

> ~~~PR team for the manufacturers posted this piece today~~~

>

> EXCERPT:

>

> " He points to part of the Court's concluding statements in the Dow-Corning

> case:

> " The United States' Constitution and the rules and laws governing the

judicial

> system, although they may not be perfect, were enacted to ensure that all

> parties' due process rights are observed by the courts. "

>

> Contact Allan Ripp, 212-721-7468, arippnyc@..., or Elena Napravnik,

> 212-721-9979, elena73@... both for National Economic Research

> Associates

>

>

>

>

> Fred Dunbar, Senior NERA Economist, Provides Trial Expertise on Behalf of

> Beleaguered Manufacturers Facing Plaintiff Class Actions

>

>

> Expert in Trade Regulation, Mass Torts A Frequent Testifier in

>

> Controversial Cases

>

> Asbestos, Breast Implants, Tobacco & Other Tort-Plagued Manufacturers

>

> All in a Day's Work'

>

> NEW YORK, July 2 /PRNewswire/ -- Dr. Fred Dunbar, a senior economist with

> National Economic Research Associates (NERA), is an expert in the

economics of

> antitrust and trade regulation, and risk management including mass torts

and

> claims estimation, securities and valuation, transportation. He is one of

the

> most frequently retained experts in the nation on mass torts, securities,

and

> antitrust litigation. Dr. Dunbar's work is often on behalf of

controversial

> manufacturers targeted by large class action lawsuits.

>

> Dr. Dunbar, who has testified dozens of times, is presently involved in

> lawsuits against U.S. tobacco companies. The government has just

announced

> plans to move towards a settlement of its $20 billion tobacco lawsuit, a

> decision that has received backlash by anti-smoking groups.

>

> In numerous cases, Dr. Dunbar's testimony has been cited as the

influencing

> factor in a court's decision.

>

> As a key participant in bankruptcy proceedings for Dow-Corning's highly

> publicized breast implant case, one of the largest mass tort bankruptcy

actions

> ever filed in the U.S., he provided testimony forecasting the legal costs

and

> settlement values of future claims. In its decision, the court noted that

it

> was " very impressed " by Dr. Dunbar's estimates on the number of claimants

who

> would elect to settle and the average award for each claimant, which he

arrived

> at after careful study of prior proceedings.

>

> And this past month, Dr. Dunbar provided testimony on behalf of tobacco

company

> Santa Fe Natural, which helped overturn a New York statute banning the

sale of

> tobacco products through catalogues and the Internet. The statute was

struck

> down after U.S. District Court Judge Loretta A. Preska found that the

statute

> failed two key tests under the Commerce Clause.

>

> In a 76-page decision, issued in June, the judge cited Dr. Dunbar's

testimony

> as a key factor in showing that the state's justifications for the

restrictive

> actions, including prevention of tax evasion and youth smoking, would have

> little effect. For example, she credited Dr. Dunbar testimony that " all a

youth

> has to do is go to five stores and the mathematics are they have gotten a

97

> percent chance of acquiring a pack of cigarettes, " noting " Dr. Dunbar's

> testimony and conclusion to the effect that closing down sales channels

will

> not reduce smoking to any considerable degree. Accordingly, defendants

have

> not carried their burden of demonstrating that Section 1399-11 will effect

any

> material benefits. "

>

> Leveling the Playing Field for Controversial Manufacturers

>

> Highly charged issues such as public health concerns are catalysts for

> commercial and political interests and can be used to skirt difficult

legal and

> political questions, Dr. Dunbar says. He believes that manufacturers of

> products such as tobacco, breast implants, and asbestos, already subject

to

> negative public opinion, become " easy targets " in the legal system, from

> restrictive legislation to mass lawsuits brought by entrepreneurial

plaintiff

> attorneys, who seize upon the negative publicity.

>

> It is widely acknowledged by legal experts that mass torts such as

asbestos,

> while still a relatively new phenomenon, have escalated to a crisis level

and

> may victimize those becoming sick in the future whom they purport to help.

> Widespread litigation has driven companies to seek the counsel of

economists

> like Fred Dunbar. As expert witnesses, economists testify on behalf of

> manufacturers, who Dr. Dunbar says have their backs against the wall in a

> 'broken' tort system. He believes that economic testimony allows jurors

and

> judges to put difficult tort cases through the checks and balances needed

to

> arrive at a fair decision.

>

> Stemming courtroom hyperbole with objective analysis helps to bring

perspective

> back into the cases. " Aggressive plaintiffs can bring any company to its

> knees by congesting the system with large numbers of tort actions. It's

our job

> to see that any solutions arrived at are equitable to all involved, " Dr.

Dunbar

> says.

>

> Dunbar says the need for objective economic analysis in such cases is

essential

> to preserving the integrity of due process as guaranteed by the

constitution,

> regardless of private interest or negative public perception of a

manufacturer.

> The economist, ultimately, helps ensure fair hearings for those who are

> targeted by damaging lawsuits or legislation that can be extremely complex

and

> subjective.

>

> He points to part of the Court's concluding statements in the Dow-Corning

case:

> " The United States' Constitution and the rules and laws governing the

judicial

> system, although they may not be perfect, were enacted to ensure that all

> parties' due process rights are observed by the courts. "

>

> Dr. Dunbar holds a PhD in economics from Tufts University and is the chair

of

> NERA's mass torts/product liability practice. He, along with his

colleagues,

> blend economics, statistics, survey research, epidemiological modeling and

> computer programming in order to estimate the number and dollar of future

> claims as well as the effect of publicity and entrepreneurial activity by

> plaintiff attorneys and the likely rate of filing among potential

claimants.

> The work of this group also helps troubled companies craft claims

strategies

> and provide the basis for testimony on claims forecasts in bankruptcy

court. He

> has co-authored with another NERA economist, Dr. , what many

in

> the industry consider the " textbook " on claims forecasting entitled

Estimating

> Future Claims- Case Studies from Mass Tort and Product Liability (1996).

>

> Call us if you are interested in speaking with Dr. Dunbar on his work as

an

> economist and NERA's experience overall in some of the most highly charged

> court decisions in the nation.

>

> Contact Allan Ripp, 212-721-7468, arippnyc@..., or Elena Napravnik,

> 212-721-9979, elena73@... both for National Economic Research

> Associates

>

> MAKE YOUR OPINION COUNT - Click Here

>

> http://tbutton.prnewswire.com/prn/11690X21843055

>

> SOURCE National Economic Research Associates

>

> CO: National Economic Research Associates

>

> ST: New York

>

>

>