LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Linda R. Larson of Marten Law PLLC
J. Scott Janoe of Baker Botts LLP
Speaker 21: 4
Speaker 22: 4
Claims Estimation (cont'd.)
Types of Estimation Procedures
Ultimate Merits - Claim amount based on the court's best
estimate of the claimant's chances of ultimate success.
Present Probabilities - Claim amount diminished by the
probability that it may be sustainable only in part or not at all.
Forced Settlement - Claim estimated by considering what the
parties would accept in a hypothetical settlement of the dispute.
Market Value - Court attempts to create a hypothetical market for
the claim.
Summary Trial - Mini-trial, with live testimony, witnesses, and
discovery, is used to determine claim's validity and worth.
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Procedures employed in In re ASARCO LLC
Four month negotiation to select sites and
establish pre-trial procedures
Twenty sites reflecting $6 billion of the $6.50
billion in environmental claims
Robust discovery and setting deadlines for
expert reports
Court-mandated mediation
Separate order prescribing conduct of
hearing
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Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM