R. R. Standel, Jr. to Herbert M. Ball on Common Law Asbestosis Claims and the Tomplait Case (1968)

A three-page memo, marked confidential and privileged, of July 25, 1968, from R. R. Standel, Jr., of Johns-Manville's legal department to Herbert Morton Ball, the general counsel, on "Common Law Asbestosis Claims." On the Tomplait lawsuit in Texas, Standel recommends adding an experienced federal trial lawyer to help Gordon Pate, J-M's local counsel, because the case was "of tremendous consequence in terms of potential future actions." On asbestosis suits generally, he advises that J-M "proceed on the assumption that we shall be faced with an increasing number of these claims" and proposes an "Asbestosis Defense Task Force."

What it shows

Standel bases his forecast on what he had been told: the Tomplait case was "being extensively followed in the trade," the other defendants' lawyers expected Claude Tomplait to win a judgment, and his attorney, Ward Stephenson, had "at least one more asbestosis case and probably more" in the works. The task force would educate J-M's local lawyers on asbestosis, its products and its dust control programs, and line up "the most persuasive 'expert' testimony" for each case. This is the start of J-M's organized defense of injury suits by insulators; see the Tomplait case file, Standel's August 2 outline of the task force and Dr. George Wright's comments.

In Johns-Manville's chronology

Johns-Manville's own chronology of what the company knew describes this document as follows:

Memorandum to Herbert Morton Ball from R.R. Standel dated 7/25/68, re: Common Law Asbestosis Claims. On page 2, Standel recommends the institution of an asbestos defense task force. He sets forth the goals of the task force, which includes educating various local lawyers and providing expert testimony. Standel states that Manville should now proceed on the assumption that they shall be faced with an increasing number of asbestosis claims.