John G. Bissell to James K. Green and Travelers on Judge Fisher and the Beaumont Asbestosis Cases (1978)

A one-page letter of December 29, 1978, from John G. Bissell of Strong, Pipkin, Nelson, Parker & Bissell, a Beaumont, Texas law firm, to James K. Green at Johns-Manville and Robert N. Reuter of Travelers Insurance Company, on five cases against Fibreboard (Berringer, Matthews, Sims, Towler and Hebert). Bissell enclosed a motion for partial summary judgment based on collateral estoppel that Judge Fisher "indicated he was probably going to grant in the Beaumont asbestosis cases," and said a response was being filed. He wrote that it "has been Judge Fisher's usual procedure to make up his mind prior to seeing any pleadings."

What it shows

Bissell added that the motion was filed at the judge's suggestion, "although I feel sure it was discussed in great detail on the weekend prior to the pre-trial conference when Judge Fisher spent the weekend duck hunting with Walter Umphrey, Plaintiff's counsel." The remarks are the defense lawyer's own; the letter offers nothing else to support them. It shows J-M and its insurer being kept closely informed of the Beaumont asbestosis trials, with juries to be picked on January 3, 1979.

In Johns-Manville's chronology

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

Letter to James K. Green and Robert N. Reuter from John G. Bissell of Strong, Pipkin, Nelson, Parker & Bissell dated 12/29/78. This document contains derogatory remarks re Judge Fisher: "We are filing a response which I will forward to you under separate cover, but it has been Judge Fisher's usual procedure to make up his mind prior to seeing any pleadings. As you will remember, of course, this was done at his suggestion although I feel sure it was discussed in great detail on the weekend prior to the pre-trial conference when Judge Fisher spent the weekend duck hunting with Walter Umphrey, plaintiff's counsel."