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TRIAL DAY MODE — April 6
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Important Dates & Deadlines
Pre-Trial Checklist
Review opening statement themes: (1) Product composition — 12.5% talc in plaster matrix, not friable asbestos, (2) Exposure insufficiency — no dose calculation, (3) Expert methodology problems — 0/33 asbestiform, wrong product era
Opening
Cross-exam priority order: Compton (critical, danger 5) → Frank (high, danger 4) → Horn (high, danger 4) → Markowitz (moderate, danger 3) → Kanarek (moderate, danger 3) → Colella → Rosner → Garza
Cross
Defense witness sequence: McNamee (mineralogy) → Dotson (industrial hygiene) → Weill (epidemiology) → Lindhart (pathology) → Tenenbaum (contingent, regulatory)
Defense
Daubert motions status: Check Frank (609L motion), Colella (421L motion) — exclusion rulings needed before trial
Daubert
Key exhibits ready: Compton TEM data (0/33), Millette "brick" testimony (KF-318), CPSC timeline, IMA-NA records, product composition analysis, expert deposition transcripts
Exhibits
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Read
Key Defense Themes
1. Product Composition — Not an asbestos product ▾
Rock Hard Water Putty is 78.6% plaster, 12.5% talc, 8.7% starch, 0.2% coloring. The talc component has been tested by plaintiff's own expert (Compton) who found 0 of 33 particles met asbestiform criteria. Compton's boss at MVA Scientific (Millette) characterized the particles as "essentially a brick" — non-respirable, non-hazardous.
2. Expert Methodology Failures ▾
Multiple plaintiff experts demonstrate critical methodology problems: Compton tested a 2017 Texas talc sample for a 1979 New York exposure (wrong product, wrong era). Frank's "each and every fiber" causation theory lacks peer-reviewed support. Markowitz claims independence while deriving the majority of income from litigation work.
3. Exposure Insufficiency ▾
No plaintiff expert has performed a dose calculation specific to Rock Hard Water Putty. The product is used as a patching compound in small quantities — not a friable, regularly disturbed asbestos-containing product. Without quantifiable exposure data, plaintiff cannot establish that this product was a substantial contributing factor to decedent's mesothelioma.
Exhibit References
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