Bruce focuses his practice on toxic tort litigation, particularly asbestos and talc. Bruce has extensive trial experience in state and federal courts throughout the United States in the defense of toxic torts/products liability claims. While representing numerous clients in toxic tort and products liability litigation, Bruce has developed considerable experience in the coordination of mass tort litigation. He has tried cases in Maine, Rhode Island, New York, New Jersey, Pennsylvania, Delaware, Maryland, Michigan, Virginia, North Carolina, South Carolina, Florida, Louisiana, Kentucky, Ohio, West Virginia, Illinois, Texas, Oregon, California, and the state of Washington. Bruce also has a national reputation in the medical and state-of-the-art issues associated with toxic tort litigation.
Bruce has taken and or defended thousands of depositions or examinations for trial of key defense and plaintiff experts in both traditional asbestos and cosmetic talc litigation. In addition to depositions and trials, he has served as lead counsel in numerous Daubert evidentiary hearings throughout the United States and involved in the development of new experts in numerous scientific specialties relevant to toxic tort litigation. He has experience in cases involving insulation, joint compound, friction products, premises, welding rods, cosmetic talc, aircraft engines, bulk suppliers, electrical supply, floor tiles, mastics, and phenolic molding/plastics.
Practice Areas
Experience
- Trial counsel in numerous jurisdictions throughout the United States for Honeywell International, Dow Union Carbide and Johnson & Johnson.
- Defense of lawsuits for personal injury and property damage arising out of the installation and/or removal or presence of asbestos-containing products.
- Defense of lawsuits for personal injury and wrongful death arising from the use of allegedly defective products. Cases include experience with automobiles, medical devices, automobile batteries, drugs, asbestos, cranes, industrial and farm equipment.
- Defense of common carriers, including trucking firms and a major airline in personal injury litigation.
- Defense of helicopter parts manufacturer, aircraft engine manufacturers, and military aircraft manufacturers in multiple deaths/personal injury products liability actions.
- Defense and prosecution under CERCLA and related state law theories of liability for major railroad carriers and a major agricultural farming company.
- Assistance in the prosecution of insurance coverage actions by manufacturers against their insureds, particularly on trigger of coverage and related issues.
Relevant Experience in Asbestos Litigation
- Co-trial counsel in the first personal injury case to be tried to a verdict involving injury and death from alleged exposure to asbestos as a building occupant rather than occupational/household exposure. The case resulted in a defense verdict.
- Virginia counsel for the Asbestos Claims Facility, a consortium of insurers and asbestos products manufacturers, until the Facility's dissolution in October of 1988. While representing the Facility, he was a member of the National State of the Art Issues Committee and helped to spearhead the defense of conspiracy claims against Facility members on a nationwide basis.
- Defense of Owens-Corning Fiberglass in numerous cases throughout the country, serving as a member of their national trial team.
- Co-counsel for Celotex and Carey Canada, Inc., in a $150 million lawsuit filed by the state of West Virginia to recover the cost of abating asbestos in all state-owned buildings in the state of West Virginia, as well as the same companies in a similar action filed by the Commonwealth of Virginia. He also provided assistance in the defense of numerous other property damage cases throughout the United States to Celotex and Carey Canada, Inc.
- Special medical and state-of-the-art trial counsel for Celotex and Carey Canada, Inc., in the Federal Reserve Bank property damage litigation pending in Minneapolis, Minnesota, which was settled on the eve of trial.
- Owens-Corning Fiberglass lead trial counsel in the National School Property Damage Class Action Phase One Trial in the U.S. District Court for the Eastern District of Pennsylvania.
- Trial Counsel for the Celotex Corporation in the personal injury/property damage insurance coverage litigation in the U.S. Bankruptcy Court for the Middle District of Florida.
- Representation of Rapid-American Corporation in asbestos-related trials throughout the United States, including large consolidations in Michigan, New York, and West Virginia, among other states.
- Representation of a major oil refinery in premises liability litigation in Texas, as well as cases arising out of exposure to asbestos at a South African refinery.
- Coordination of the medical defense of a major oil refining company in the West Virginia asbestos personal injury litigation.
- National trial counsel for the Center for Claims Resolution, and together with other members of the asbestos personal injury group at Willcox & Savage, helped coordinate the retention and development of expert witnesses throughout the country on behalf of CCR defendants.
- Defense of several brake defendants in a wrongful death action filed by the estate of an auto mechanic who died from mesothelioma which was alleged to have resulted from his employment as an automotive mechanic for 20 years. This case resulted in a defense verdict.
- Defense of asbestos defendants at trial in federal and state courts throughout the United States, including Maine, Rhode Island, New York, Illinois, Pennsylvania, Maryland, Virginia, West Virginia, North Carolina, South Carolina, Florida, Mississippi, Ohio, Utah, Kentucky, Texas, California, Washington, Oregon, among others.
- Retained by Halliburton to assist nationwide in the defense of its subsidiaries, Brown & Root, and Worthington Industries.
- Retained by Dow-Union Carbide to assist nationwide in its defense and in the development of expert witnesses on its behalf.
- Retained by Exxon Mobil Corporation to assist nationally in the defense of their asbestos products liability litigation, including co-trial counsel in the 2002 W. Virginia Consolidation Trial in Charleston, West Virginia.
- National causation expert coordination for Johnson & Johnson cosmetic talc litigation.
- Member of National Trial Team for Honeywell International for friction product litigation and national coordinator for development and retention of experts.
Relevant Experience in Talc Litigation
- Coordination and development of experts in the field of pathology, toxicology, epidemiology, pulmonology, oncology, thoracic surgery and carcinogenesis for cosmetic talc/mesothelioma and ovarian cancer litigation.
- Co-trial counsel for Johnson & Johnson in South Carolina wrongful death trial involving a 29 year-old female who died of pericardial mesothelioma.
- Vice-Chair, DRI National Talc Litigation Seminar, Washington, D.C. 2023
Presentations and Publications
- “Medical Issues in Railroad Asbestos Litigation,” Defense Research Institute's (“DRI”) Asbestos Superstar Seminar -- A State of the Art Program, Stanford Court Hotel, San Francisco, CA, October 24-26, 1985
- “Evaluation of Impairment/Disability in Asbestosis Cases for Purposes of Settlement Evaluation,” Asbestos Superstar Seminar - State of the Art Program, Stanford Court Hotel, San Francisco, CA, October 24-26, 1985
- “The Case of Thresholds for Carcinogens and the Historical Development of Threshold Limit Values,” DRI Asbestos Medicine Seminar, The Copley Plaza, Boston, MA, November 20-22, 1986
- “Asbestos Personal Injury Claims in Property Damage Cases,” DRI Asbestos Property Damages Seminar, The Stanford Court Hotel, San Francisco, CA, February 19-20, 1987
- “Asbestos Animal Studies: An Historical Review,” DRI Asbestos Medicine Seminar, Bally's Reno Hotel, Reno, NV, October 31, 1987
- “The Etiology of Non-Routine Cancers,” DRI Asbestos Medicine Seminar, Bally's Reno Hotel, Reno, NV, October 31, 1987
- “The Use and Abuse of Epidemiological and Statistical Evidence: Can You Keep It Out? Can You Use It?” [Admissibility of Epidemiological Evidence], DRI Asbestos Trial Techniques and Asbestos Medicine, Hotel Inter-Continental Miami, Miami, FL, October 27-29, 1988
- “Passive Smoking and Radon Exposure,” DRI Asbestos Trial Techniques and Asbestos Medicine, Hotel Inter-Continental Miami, Miami, FL, October 27-29, 1988
- “Toxic Tort Suits,” Hazardous Waste in Virginia, National Business Institute, Inc., Seminar, Norfolk, VA, July 28, 1989
- “Railroad Workers' Cases -- Defending the Medicine and Indemnity and Contribution Claims Brought by the Railroad Against Manufacturing Defendants,” DRI Asbestos Medicine Seminar, Hotel Del Coronado, San Diego, CA, October 17-25, 1989
- “Use and Abuse of Government Publications: EPA, NIOSH, NESHAPS, and the Surgeon General's Report,” DRI Asbestos Medicine Seminar, Hotel Del Coronado, San Diego, CA, October 17-25, 1989
- “Hazardous Waste Insurance Issues,” Hazardous Waste in Virginia, National Business Institute, Inc. Seminar, Norfolk, VA, June, 1990
- “Toxic Tort Suits,” Hazardous Waste In Virginia National Business Institute, Inc. Seminar, Norfolk, VA, June, 1990
- “Passive Smoking and Other Lung Cancer Risks,” DRI Asbestos Medicine Seminar, New Orleans, LA, October 17-19, 1990
- “Medical Opening Statements,” DRI Asbestos Medicine Seminar, New Orleans, LA, October 17-19, 1990
- “Causation in Toxic Tort Litigation - Scientific and Epidemiological Evidence,” DRI Asbestos Medicine Seminar, Scottsdale, AZ, October 16-18, 1991
- “Medical Expert Testimony in Toxic Tort/Occupational Disease Litigation,” VADA Annual Meeting and Seminar, Williamsburg, VA, October, 1991
- “Legal Aspects of Occupational and Environmental Disease,” Environmental and Occupational Disease - A State of the Art Conference for Pathology Educators, Sugarbush, VT, October 18-19, 1991
- “The Physical Injury Requirement Debate in Recent Toxic Tort Damages: Medical Monitoring & Fear of Cancer,” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Committee Newsletter, July, 1992
- “Hazardous Waste Insurance Issues,” Hazardous Waste in Virginia, National Business Institute, Inc. Seminar, Norfolk, VA, February 20, 1992
- “Toxic Tort Suits,” Hazardous Waste In Virginia National Business Institute, Inc. Seminar, Norfolk, VA, February 20, 1992
- “Defense of Mesothelioma Cases,” DRI Asbestos Medicine Seminar, Chicago, IL, October, 1992
- “What Do the Risks Really Look Like?: An Update on the Medical and Scientific Literature Showing Changing Risks in Various Populations Exposed to Asbestos and Cigarette Smoking, with Particular Reference to Lung Cancer,” DRI Asbestos Medicine Seminar, San Francisco, CA, November 4-6, 1993
- “How to Use Industrial Hygiene in the Defense of Asbestos Personal Injury Cases Apart from State of the Art,” DRI Asbestos Medicine Seminar, New York, NY, October, 1994
- “Cancer Risks in Worker Populations and their Implications for Legal Causation in Cases of Cancer in the Lung and Other Sites,” DRI Asbestos Medicine Seminar, Houston, TX, November 21-22, 1996
- “Update on Daubert - Scientific Method and the Expert Witness,” presentation at the Annual Meeting of the Associate of Defense Trial Attorneys, Hamilton, Bermuda, April 7-12, 1997
- “Defending the Non-Respiratory Cancer Claim,” Andrews Publications Asbestos Litigation Seminar, New Orleans, LA, April 26-27, 1997
- “Non-Routine Cancers: A Look at Past and Present Medical and Scientific Literature,” DRI Asbestos Medicine Seminar, San Diego, CA, November 13-14, 1997
- “Fiber Differences in Disease Potential for Asbestosis, Lung Cancer and Mesothelioma and the Implications for the Defense of Asbestos Personal Injury Lawsuits,” DRI Asbestos Medicine Seminar, Phoenix, AZ, November 12-13, 1998
- “Defending ‘Household,’ Building and Neighborhood Exposure Cases with Tenuous Non-occupational Exposure Histories: A Review of Medical and Scientific Literature,” DRI Asbestos Medicine Seminar, Miami, FL, November 2-3, 2000
- “Defending Lung Cancer Cases,” Mealey’s National Asbestos Litigation Conference, Philadelphia, PA, September 13-14, 2001
- Moderator of Panel Discussions of Medical Experts, DRI Asbestos Seminar, November, 2001
- “The Defense of Brake Lining Cases,” Mealey’s National Asbestos Conference, Philadelphia, PA, September, 2002
- “Use and Abuse of Government Reports and Publications,” DRI Asbestos Seminar, Las Vegas, NV, November, 2002
- “State-of-the-Art,” Mealey’s Asbestos 101 Conference, Philadelphia, PA, February, 2003
- “The Successful Defense of Low Dose Defendants,” Breakout Presentation, DRI Products Liability Seminar, Las Vegas, NV, February, 2003
- “Regulatory History and Structure,” Mealey's Silica Litigation Conference, Atlanta, GA, October 13-14, 2003
- “The State of the Art of Silica,” DRI Silica Medicine – The Gold Standard of Toxic Agent Seminars, Atlanta, GA, June 2004
- “Proving Shares for Cross Claims and Including Absent Contributors in the Verdict,” (co-authored with Eric Cook and Kevin L. Leahy) DRI Asbestos Medicine Seminar, San Diego, CA, November 2004
- “What the Government Is Now Saying About Asbestos,” DRI Asbestos Medicine Seminar, Las Vegas, NV, October 26-27, 2006
- “Substantial Contributing Factor and Mesothelioma – How to Defeat Plaintiffs’ Argument that Every Exposure Contributes,” DRI Asbestos Medicine Seminar, San Diego, CA, November 8-9, 2007
- “Industrial Hygiene Issues in Friction Cases,” Mealey’s Asbestos Seminar, Philadelphia, PA, May, 2008
- “Medical Literature Update,” HarrisMartin – California Asbestos Litigation Conference, Beverly Hills, CA, September, 2008
- “The Defense of Peritoneal Mesothelioma Cases from A to Z,” DRI Asbestos Medicine Seminar, Miami, FL, November 12-13, 2009
- “Which Trial Methods Are Fair and Successful at Moving and Resolving Cases?” HR Litigation Conferences, Northeast Judicial Forum on Asbestos, New York, NY, December 3, 2009
- “Fiber Burden: The MasterCardÒ of Asbestos Litigation” DRI Asbestos Medicine Seminar, San Diego, CA, November 11-12, 2010
- “The Low-Dose Chrysotile Defense after Kanarek,” HarrisMartin Federal & State Asbestos Litigation Conference, Naples, FL, February 20-21, 2012
- “General Medical Considerations and Cross-Examining the Plaintiff’s Experts,” Breakout Panel, DRI Asbestos Medicine Seminar, Miami Beach, FL, November 8-9, 2012
- “Defending “Household,” Building, and Neighborhood Exposure Cases with Tenuous Nonoccupational Exposure Histories: A Review of Medical and Scientific Literature,” DRI Asbestos Medicine Seminar, New Orleans, LA, November 7-8, 2013
- “Defending the Rest – Basics on Lung Cancer, Other Cancers, and Asbestosis: Review of the B-Read and Pulmonary Function Testing,” DRI Asbestos Medicine Seminar, New Orleans, LA, November 7-8, 2013
- "Lung Cancer in Never Smokers," DALS, Las Vegas, NV June 4-6, 2014
- "The Who is and Who Was of Experts," DRI Asbestos Medicine Seminar, San Francisco, CA, November 6-7, 2014
- “The Perfect Every Fiber Law Argument,” DALS, Las Vegas, NV, June 3-5, 2015
- "Other Cancers on the Rise," DRI Asbestos Medicine Seminar, Las Vegas, NV, November 5-6, 2015
- "Household Exposure Claims: Current Medicine on Low Dose Chrysotile Exposures in Women and Deposition Approaches," DALS, Las Vegas, NV, June 8-10, 2016
- “Mesothelioma: Not Just a Pleural Cancer,” DRI Asbestos Medicine Seminar, Las Vegas, NV, November 1-2, 2017
- “Current Elongate Mineral Research: Current Knowledge and Synthesis of NIOSH Research and OSHA Regulations,” DRI Asbestos Medicine Seminar, Nashville, TN, June 27-29, 2018
- “How Nanotube Research is Relevant to the Defense of Low-Dose Chrysotile Cases,” DRI Asbestos Medicine Seminar, Austin, TX, November 8-9, 2018
- “Good, Bad and In Between: New Literature Highlights,” DRI Asbestos Medicine Seminar, Austin, TX, November 8-9, 2018
- “The Changing Landscape of Inherited Mutations and Mesothelioma: Pitfalls and Challenges for Plaintiffs and Defendants,” DALS, New Orleans, LA, June 26-28, 2019
- “Update on the EPA/TSCA Chrysotile Risk Assessment: The Good, The Bad, and the Ugly,” DRI Asbestos Medicine Virtual Seminar, November 19-20, 2020.
- “Defending Household and Bystander Exposure Cases,” Virtual Defense Asbestos Litigation Seminar, June 24-25, 2021
- EPA/TSCA Update: The Latest on Chrysotile Part I and Legacy Part II Risk Evaluations and Rule Making on the Proposed Chrysotile Ban and Reporting Requirements (Presented by Kevin P. Greene), DRI Asbestos Medicine Seminar 2022, San Diego, California, November 2-4, 2022
- Update on the EPA Asbestos Risk Assessment, Proposed Chrysotile Ban and Reporting Requirements, DRI Talc Litigation Seminar 2023, Washington, D.C., August 16-18, 2023
- Asbestos and Ovarian Cancer, DRI Talc Litigation Seminar 2023, Washington, D.C., August 16-18, 2023
- “Waiver, Estoppel & Misrepresentation in Insurance,” 7th Annual Seminar - Virginia Association of Defense Attorneys/Virginia State Claims Association, Richmond, VA (May, 1986)
- Bishop & Stiles, “Protecting Confidential and Privileged Information,” The Journal of Civil Litigation, Vol.II:163 (1990)
- “Protecting Confidential and Privileged Information of Documents of Parties and Non-Parties,” Outline and oral presentation to the Virginia Association of Defense Attorneys Annual Convention, Roanoke, VA (October, 1989)
- “Jury Selection and Opening Statements,” Winning in Court Seminar - National Education Network (May 18, 1993)
- “Basic Principles of Persuasion,” outline of materials used at the International Association of Defense Counsel 1996 National Trial Academy, Boulder, CO (July, 1995)
- “Daubert in the Fourth Circuit: Where Are We Headed?,” article co-authored with Stephen R. Jackson, Litigation News, published by the Litigation Section of the Virginia State Bar, Winter 1997-98, Vol. IV, Number 4
- “Getting Down and Dirty with Daubert: The Nuts and Bolts of an Expert Challenge,” article co-authored with Stephen R. Jackson and Robert J. Fedder, Litigation News, published by the Litigation Section of the Virginia State Bar, Spring, 1998, Vol. V, Number 1
- “Daubert after Joiner: The Abuse of Discretion Standard and Application of Joiner to Technical/”Non-Scientific” Evidence,” article co-authored with T. Scott McGraw, IADC Newsletters: Toxic & Hazardous Substances Litigation Committee (March, 97/98-07)
- “From ‘Incident’ to ‘Accident’ Under the Warsaw Convention: Recent Case Examples,” article co-authored with Daniel T. Campbell, IADC Newsletter: Aviation and Space Law Committee (Spring, 2001)
- “The Necessity to be Comprehensive: Incorporate Your Themes in Every Part of the Case,” DRI Damages Seminar, Chicago, IL (February, 2003)
- Chapters titled New Mexico and Utah, in The Use of Toxicology in Tort Litigation, A Survey of Federal and State Jurisdictions, American Bar Association (December, 2004)