Asbestos Information Association Technical Committee Papers and Draft Letter Selling the Enterline Study (1978)

Eight pages of papers of the Technical Committee of the Asbestos Information Association/North America: a February 17, 1978 memo from executive director R. H. Mereness calling the March 1 meeting, its tentative agenda, the minutes of the January 25 meeting, an outline of the executive director's remarks, and a two-page draft letter by Wendell Alcorn, the association's special counsel. The January minutes list members from J-M (chairman E. M. Fenner), CertainTeed, Nicolet, Flintkote, Union Carbide, Raybestos-Manhattan, Bendix and National Gypsum, and record that the committee would do no more work on a proposed construction-industry standard based on work practices until the Executive Committee approved the idea. Mereness wrote that Fenner stressed the March meeting "as the Association seeks to provide all assistance necessary to finalizing AIA/NA's alternative for an OSHA construction standard."

What it shows

The draft letter was meant for asbestos companies that were not members of the association and had asked about "the 'state of the art' defense in asbestos-related disease litigation." It offered them the materials on lung cancer prepared by Dr. Philip Enterline and Dr. E. N. Higgins for $2,000, but only on request "with respect to a particular, pending lawsuit." It called the materials "work product, to be distributed only in the context of an existing attorney-client privilege," and said Enterline and his colleagues had worked "under our general direction and supervision." It also offered counsel's June 1977 "State of the Art" draft memorandum, which would not be final until Enterline finished a separate study of asbestosis, expected in March 1978. The letter shows the industry's medical literature review being produced and handled as a tool for defending lawsuits.

In Johns-Manville's index

Johns-Manville's legal department indexed the Motley 1,000 in 1984. Its index describes this document as follows:

Agenda for AIA Technical Committee Meeting, 1/25/78. Outline of AIA Executive Director's Remarks at Technical Committee Meeting, 1/25/78. AIA Meeting Minutes, 1/25/78 - Technical Committee. Dr. H. B. Rhodes (Union Carbide) comments on the present status of the construction industry study being performed by Equitable Environmental Health, Inc. It is agreed that the Technical Committee will do no further work on a proposed construction industry standard based on work practices to be submitted to OSHA until the Executive Committee approves the project. This program will be presented to the Executive Committee for approval at their next meeting. 2-page document entitled "Draft of Letter Prepared by Wendel Alcorn to be Used in Response to Inquiries Concerning Enterline Study and 'State of the Art' Memorandum." Alcorn is the AIA's Special Counsel. Tentative agenda for AIA Technical Committee Meeting on 3/1/78. One item mentioned on the agenda is "EEH Study - AIA/NA Alternative for OSHA Construction Industry Standard." R.H. Mereness memo to the AIA Technical Committee, 2/17/78, regarding the Technical Committee Meeting to be held on 3/1/78. Mereness states that Chairman Fenner (J-M) emphasizes the importance of this meeting "as the AIA seeks to provide all assistance necessary to finalizing AIA's alternative for an OSHA construction standard."

Related documents

• Asbestos Information Association Annual Meeting Minutes on the State of the Medical Art Memorandum (1978)

About this copy

This is document 731 of the Motley 1,000, from the set the Manville Personal Injury Settlement Trust's records facility certified as true copies, pages CRMC-Motley1000-Subj-003145 to CRMC-Motley1000-Subj-003152.