Asbestos Personal Injury Litigation in the Federal Courts: MDL-875: Past, Present & Future Eduardo C. Robreno, Presiding Judge United States District Court for the Eastern District of Pennsylvania 1 © June 12, 2009 As Amended September 20, 2011 Available at:

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. 2

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 3

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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: 5

Groups of Cases that will Remain Pending in 2012 Eastern District of Virginia Cases 4,562 7 th Circuit Cases (IN, ILL, WI) 1,785 “Pipeline” (newly filed/trnsfd) 556 Total (land): 6,903 MARDOC 4,294 Grand Total: 11,197 6

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. 7 th Circuit Cases (IN, ILL, WI): Cases have just begun to be put on scheduling orders that conclude December 31, Magistrate Judge Strawbridge designated. MARDOC: Scheduling orders will issue shortly for conclusion by December 31, 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,

Hearing Dates for the Pipeline Cases DateJurisdictionNo. of Cases Nov. 8, 2011AK1 Nov. 22, 2011Various22 Dec. 6, 2011Various21 Dec. 20, 2011ME1 Jan. 10, 2012Various19 Jan. 24, 2012Various21 Feb. 21, 2012Various17 March 6, 2012Various2 March 20, 2012Various17 April 10, 2012Various4 April 20, 2012SC2 April 24, 2012Various20 May 22, 2012Various37 June 19, 2012Various5 July 24, 2012Various38 Aug. 14, 2012PA13 8

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 9

10 MDL-875 Legal Architecture

11 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.” 14