ACC 962
Paul J Hanly Jr Esq Paul J. Hanly, Jr., Esq.
ACC-962
Paul J. Hanly , Jr. Education: • Cornell Universityy (B.A., ( magna g cum laude, 1974) • Cambridge University (M.A. (M A with honors honors, 1976) • Georgetown University (J.D., 1979)
2
Paul J. Hanly, Jr. Professional Experience: •
•
•
Law Clerk to Hon. Lawrence A. Whipple, U.S. District Judge, District of New Jersey, 19791980 National trial, coordinating, and settlement counsel to Turner & Newall and Federal-Mogul companies 1981 companies, 1981-2001 2001 Co-founder of Hanly Conroy Bierstein Sheridan Fisher Hayes LLP LLP, 2002 3
Opinions on Asbestos Litigation 1.
In the tort system of the 1980’s and 1990’s, many defendants were once “peripheral peripheral,” free-riding on the defense and settlement efforts of lead defendants.
2.
When those lead defendants went bankrupt, others were brought to center stage. There was no returning to the “periphery.”
3.
Juries were focused on doing justice between the parties present in the courtroom. courtroom A defendant responsible for widely sold asbestos products could not prevail in the long term by blaming others.
4.
In the 1990s, plaintiffs did not usually focus their cases on gasket products. Plaintiffs’ focus — not encapsulation or low dose defenses — best explains Garlock’s trial record.
5 5.
Trial was never a viable claims management strategy for Garlock. Garlock 4
June 1985 August 1982 Johns‐Manville Asbestos Claims files bankruptcy Facility (ACF) formed
1982
1985
October 1982 Garlock files Motion for Summary Judgment , In re Johns‐Manville, 82‐B‐ 11656, Ad. No. 82‐6221
October 1998 Center for Claims Resolution (CCR) established
1988
October 1988 ACF dissolves
January 1991 Eagle‐Picher files bankruptcy ba uptcy
1990
October 1990 Celotex files bankruptcy
1991 1993 1991‐1993
December 1993 Keene files bankruptcy
January 2001 Federal ‐Mogul / Turner& Newall leaves CCR
2000
October 2000 Owens Corning g files bankruptcy
2001
October 2001 Federal‐ Mogul / T Turner& & Newall files bankruptcy
ACC-962
Paul J. Hanly , Jr. Education: • Cornell Universityy (B.A., ( magna g cum laude, 1974) • Cambridge University (M.A. (M A with honors honors, 1976) • Georgetown University (J.D., 1979)
2
Paul J. Hanly, Jr. Professional Experience: •
•
•
Law Clerk to Hon. Lawrence A. Whipple, U.S. District Judge, District of New Jersey, 19791980 National trial, coordinating, and settlement counsel to Turner & Newall and Federal-Mogul companies 1981 companies, 1981-2001 2001 Co-founder of Hanly Conroy Bierstein Sheridan Fisher Hayes LLP LLP, 2002 3
Opinions on Asbestos Litigation 1.
In the tort system of the 1980’s and 1990’s, many defendants were once “peripheral peripheral,” free-riding on the defense and settlement efforts of lead defendants.
2.
When those lead defendants went bankrupt, others were brought to center stage. There was no returning to the “periphery.”
3.
Juries were focused on doing justice between the parties present in the courtroom. courtroom A defendant responsible for widely sold asbestos products could not prevail in the long term by blaming others.
4.
In the 1990s, plaintiffs did not usually focus their cases on gasket products. Plaintiffs’ focus — not encapsulation or low dose defenses — best explains Garlock’s trial record.
5 5.
Trial was never a viable claims management strategy for Garlock. Garlock 4
June 1985 August 1982 Johns‐Manville Asbestos Claims files bankruptcy Facility (ACF) formed
1982
1985
October 1982 Garlock files Motion for Summary Judgment , In re Johns‐Manville, 82‐B‐ 11656, Ad. No. 82‐6221
October 1998 Center for Claims Resolution (CCR) established
1988
October 1988 ACF dissolves
January 1991 Eagle‐Picher files bankruptcy ba uptcy
1990
October 1990 Celotex files bankruptcy
1991 1993 1991‐1993
December 1993 Keene files bankruptcy
January 2001 Federal ‐Mogul / Turner& Newall leaves CCR
2000
October 2000 Owens Corning g files bankruptcy
2001
October 2001 Federal‐ Mogul / T Turner& & Newall files bankruptcy
