CURRICULUM VITAE

 

GERSON H. SMOGER, J.D., Ph.D.


gersonAgent Court Orange Supreme / Agent Orange Supreme Court

 

Click here for a copy of Dr. Smoger's Currivulum Vitae

Smoger & Associates, P.C.

13250 Branch View Lane

Dallas, Texas 75234

(972) 243-5297 Fax: (972) 243-2666

3175 Monterey Blvd., #3

Oakland, CA 94602

(510) 531-4529 Fax: (510) 531-4377

 

I. OFFICES IN LEGAL MEMBERSHIP ORGANIZATIONS

PUBLIC JUSTICE (FORMERLY “TLPJ”):

President-Elect (2007-2008)

Board of Directors (1996-2008)

Finalist for Trial Lawyer of the Year (2003)

AMERICAN BAR ASSOCIATION (ABA):

Toxic Torts, Hazardous Substances, and Environmental

Law Committee (Vice-Chair 1993-2001)

AMERICAN ASSOCIATION FOR JUSTICE (FORMERLY “ATLA”):

Amicus Curiae Committee, Chair (2001-2008)

Herbicides and Pesticides Litigation Group (Including Dioxin and Agent Orange)

(Chair 1991-2008)

Section on Toxic, Environmental and Pharmaceutical Torts

(Chair 1994-1995; Vice-Chair 1997-2008);

Legal Affairs Committee (1996-2008)

Scientific, Medical and Technical Committee (Chair 1996-1999);

Executive Committee (2003-2006)

Board of Governors (1996-2006)

CENTER FOR CONSTITUTIONAL LITIGATION (“CCL”):

Board of Advisors 2001-2008

BAR MEMBER: California, Texas, U.S. Supreme Court

2

I. LECTURES AND SPEECHES

The American Bar Association

Direct and Cross-Examination of Expert Witnesses in Toxic Tort Cases (Charleston 1992)

Managing Multiple Plaintiff Toxic Tort Cases (San Diego 1995)

Mass Case Management: Tort Reform (Washington D.C. 1996)

The Plaintiff's Approach When Corporate Defendants Indicate the

Potential For Bankruptcy (Phoenix 1997)

Handling Challenges to the Admissibility of Expert Witnesses Under

Daubert, Joiner, and Kumho Tire (San Diego 1999)

The Class Action Fairness Act (Washington D.C. 2005)

10th Annual Institute on Class Actions: Plaintiff’s Opening Statement in Support of Class Certification (San        Diego 2006)

Australian Trial Lawyers Association

Use and Abuse of Class Actions in America (Sydney 1995)

Class Actions in America and Australia (Aspen 1996)

California Association of Consumer Attorneys

Class Actions: Use and Abuse (S.F. 1996)

Class Actions: An Update on the Law (S.F. 2007)

Preserving Access to Justice: Class Actions (L.A. 2008)

The Center for Continuing Legal Education

Toxic Torts (S.F. and Sacramento 1988)

The Use of Expert Witnesses Under the New Discovery Act (San Diego, Los

Angeles, S.F., Newport Beach, Sacramento, San Jose 1988)

Dioxin 1993 (Vienna 1993)

In-Utero and Postnatal Exposure to 2,3,7,8-TCDD in Times Beach, Missouri: 1)

Immunological Effects: Lymphocyte Phenotype Frequencies

2) Impact on Neurophysiological Functioning

Hastings College of Law (S.F. 1998)

The Environmental Audit Privilege: An Idea Whose Time Has Not Come

Herbicides in War: 2nd International Symposium (Hanoi 1993)

Exposure to Agent Orange: Birth Defects

The Current Status of Compensation for American Veterans and Their Families

Subsequent to Agent Orange Exposure

3

International Conference on Hazardous Waste (Sponsored by the Russian Ministry of

Ecology) (St. Petersburg, Russia 1993)

American Regulations and Dangers

Prospects and Proposals for the C.I.S.

Law and Organizational Economics Center (for State Court Judges)(Kansas 1999)

• The Application of Supreme Court Expert Witness Decisions to the States;

• The Use of Animal Studies to Prove Causality;

• Focusing on the Methodology of Toxicology and Epidemiology;

Minnesota Trial Lawyers Association (November 2000)

• Use of Expert Witnesses in Federal Court

Mothers Against Drunk Driving

Litigating Closed Head Injury Cases (Dallas 1996)

National Judicial College

Toxic Torts for Trial Judges (Reno 1989)

Assessment and Distribution of Damage Awards (Reno 1989)

Pound Forum for State Court Judges

Scientific Evidence in the Courtroom (San Diego 1997)

• Discovery in Federal Courts (San Francisco 1999)

• The Jury System (Montreal 2001)

• State-Federal Relations (Atlanta 2002)

The National College of Advocacy

Medical Causation in Toxic Tort Cases (San Francisco 1986)

Typical Toxic Exposure Litigation Issues in the Workplace (Las Vegas 1992)

Turning the Expert's Perspective Into Your Own Winning Strategy ( Las Vegas

1992)

Case Management: Settlement Perspectives (Dallas 1993)

Demonstration of Direct and Cross-Examination of the Expert Witness (Dallas

1993)

Corporate Use of Public Relations to Manipulate Juries and Lessen Governmental

Standards (San Francisco 1993)

Use and Abuse of Class Actions (Chicago 1994)

Use of Experts in Pesticide Cases (Chicago 1994)

Toxic Tort Case Management: Financial Considerations (S. F. 1995)

Considering Children in the Prosecution of Mass Toxic Tort Actions (New York

1995)

Children and Toxic Exposure (Chicago 1995 and Santa Fe 1995)

4

The National College of Advocacy (Continued)

Experts: The Use of Daubert By Plaintiffs (Dallas 1996)

Poisoning the Studies: The Manipulation of Science Regarding the

Neurological Effects of Lead on Children (Boston 1996)

The Ultimate Trial Advocacy Course: Cross-Examination with a Purpose

(Berkeley 1996)

Juries and Public Perception (San Diego 1997)

The Federal Rules of Civil Procedure: Where Are We Going -- An Update on

Discovery (Maui 1998)

Coping With the Financial and Emotional Stress of Mass Litigation in

Pharmaceutical and Toxic Tort Cases (Washington D.C. 1998)

• Daubert, Joiner, and Kumho Tire (Washington, D.C. 1999; Chicago 2000)

• Litigating Sudden Toxic Release Cases (Plant Explosions and Railroad Tank Cars)

(San Francisco 1999)

• Pharmaceutical Litigation: Meeting Daubert Challenges (Chicago 2000)

• From Daubert to Weisgram and the new F.R.E. 702 (New Orleans 2001)

• Expert Witnesses (Las Vegas 2001)

• Understanding, Evaluating and Critiquing Epidemiology and Toxicology

in the Court Room; From Daubert to Weisgram and the new F.R.E. 702 (Phoenix

2001)

• Pharmaceutical Cases: Understanding the Medicine (Phoenix 2001)

• Ethical Aspects of Funding Mass Tort Cases (Montreal 2001)

• Litigating Pharmaceutical Cases (Dallas 2001)

• Surviving Challenges to Epidemiological and Toxicological Testimony (Atlanta

2002)

• Epidemiology and Toxicology Experts in the Daubert Era (Maui 2003)

• The Settlement of Mass Tort Cases (San Francsico 2003)

• The Admissibility of Expert Testimony (Palm Springs 2005)

• Coping with the Class Action Fairness Act (Washington D.C. 2005)

• E-Discovery (Seattle 2006)

• Issues Regarding Removal to Federal Court (Chicago 2007)

• Update on Issues of Preemption (Chicago 2007)

III. PUBLICATIONS (NOT RELATED TO SPEECHES)

Smoger, G.H., “Knocking Down Windmills,” Trial, (July 2003), pp. 56-61

Smoger, G.H., "New Environmental Laws Muzzle Critics," Trial, (October 1997), pp. 70-74

Smoger, G.H., Wolf, A., and Hoffman, M., "FIFRA Preemption: Overview and Tactical

Considerations, " Trial, ( July 1995), pp. 34-41

Smoger, G.H., Kahn, P.C., Rodgers, G.C., Suffin, S., McConnachie, P., "In Utero and Postnatal

Exposure to 2,3,7,8-TCDD in Times Beach, Missouri: 1. Immunological Effects:

Lymphocyte Phenotype Frequencies, "Vol. 13, pp. 345-348 in Fiedler, ed., et. al.,

Organohalogen Compounds, 1993

Cantor, D.S., Holder, G. , Cantor, W., Kahn, P.C., Smoger, G.H., Rodgers, G.C., Swain, W., Berger,

H., Suffin, S., "In Utero and Postnatal Exposure to 2,3,7,8-TCDD in Times Beach, Missouri:

"2. Impact on Neurophysiological Functioning" Vol. 13, pp. 341-344 in Fiedler, ed., et. al.,

Organohalogen Compounds, 1993

5

Smoger, G.H., "Using Experts Wisely in Toxic Tort Cases," Trial, (Sept. 1993), pp. 30-35

Smoger, G.H., "Whither the Commission on Human Rights," Vanderbilt Journal of

Transnational Law, (1979) Vol. 12: 943-968

IV. SUPREME COURT AND FEDERAL RULES INVOLVEMENT

A. Class Action Issues

Testimony on behalf of the Association of Trial Lawyers of America (now “AAJ”) before the

Federal Advisory Committee on Discovery Rules, Subcommittee on Class Actions, January 2,

2002; San Francisco, CA.

Testimony on behalf of the Association of Trial Lawyers of America (now “AAJ”) before the

Federal Advisory Committee on Discovery Rules, Subcommittee on Class Actions, 1996; San

Francisco, CA

Counsel of Record before the U.S. Supreme Court for Respondents Daniel Stephenson and Joe

Isaacson in the case of Dow Chemical Co., et. al., Petitioners, v. Daniel Stephenson, et. al.,

Respondents. No. 02-271

B. Expert Witness Issues

Counsel of Record before the U.S. Supreme Court on behalf of Trial Lawyers for Public Justice,

P.C., Public Citizen, Inc., and the Center for Auto Safety as Amici Curiae in support of

Respondents in the case of Kumho Tire Company, Ltd., Kumho U.S.A., Inc. and Hercules Tire &

Rubber Company, Inc.,petitioners, v. Patrick Carmichael, et. al., Respondents. No. 97-1709

Counsel of Record before the U.S. Supreme Court on behalf of OCAW (Oil, Chemical & Atomic

Workers Int'l. Union, AFL-CIO) as Amicus Curiae in support of Respondents in the case of

General Electric Company, Westinghouse Electric Corporation, and Monsanto Company,

petitioners, v. Robert K. Joiner and Karen P. Joiner, Respondents. No. 96-188

Testimony on behalf of the Association of Trial Lawyers of America before the Federal Advisory

Committee on Evidence Rules (Rule 702); 1998; Washington, D.C.

C. Discovery and Damages Issues

Testimony on behalf of the Association of Trial Lawyers of America before the Federal Advisory

Committee on Discovery Rules, 1998; San Francisco, CA

Testimony before the Federal Advisory Committee on Discovery Rules, Subcommittee on

Electronic Discovery; 2005; San Francisco, CA. and participation as one of the coordinators of

ATLA’s response to electronic discovery restrictions

Counsel of Record before the U.S. Supreme Court on behalf of The Association of Trial Lawyers

of America as Amicus Curiae in support of Respondent in the case of Philip Morris USA,

Petitioner, v. Mayola Williams, Respondent. No. 05-1256.

Counsel of Record before the U.S. Supreme Court on behalf of Jean-Michel Cousteau and Other

Natural and Social Scientists as Amici Curiae in support of Respondents in the case of Exxon

Shipping Co. and Exxon Mobil Corp., Petitioners, v. Grant Baker, et. al., Respondents. No.

07-219

6

V. EDUCATION

UNIVERSITY OF PENNSYLVANIA, Philadelphia, PA: Ph.D. (With distinction)

UNIVERSITY OF CALIFORNIA, Berkeley - Boalt Hall: J.D.

LYCOMING COLLEGE, Williamsport, PA: B.A. (Summa Cum Laude)

 

 

 

 

 

 

Click here for a copy of Dr. Smoger's Currivulum Vitae.

Smoger & Associates, P.C.

13250 Branch View Lane

Dallas, Texas 75234

(972) 243-5297 Fax: (972) 243-2666

3175 Monterey Blvd., #3

Oakland, CA 94602

(510) 531-4529 Fax: (510) 531-4377

 

I. OFFICES IN LEGAL MEMBERSHIP ORGANIZATIONS

PUBLIC JUSTICE (FORMERLY “TLPJ”):

President-Elect (2007-2008)

Board of Directors (1996-2008)

Finalist for Trial Lawyer of the Year (2003)

AMERICAN BAR ASSOCIATION (ABA):

Toxic Torts, Hazardous Substances, and Environmental

Law Committee (Vice-Chair 1993-2001)

AMERICAN ASSOCIATION FOR JUSTICE (FORMERLY “ATLA”):

Amicus Curiae Committee, Chair (2001-2008)

Herbicides and Pesticides Litigation Group (Including Dioxin and Agent Orange)

(Chair 1991-2008)

Section on Toxic, Environmental and Pharmaceutical Torts

(Chair 1994-1995; Vice-Chair 1997-2008);

Legal Affairs Committee (1996-2008)

Scientific, Medical and Technical Committee (Chair 1996-1999);

Executive Committee (2003-2006)

Board of Governors (1996-2006)

CENTER FOR CONSTITUTIONAL LITIGATION (“CCL”):

Board of Advisors 2001-2008

BAR MEMBER: California, Texas, U.S. Supreme Court

2

I. LECTURES AND SPEECHES

The American Bar Association

Direct and Cross-Examination of Expert Witnesses in Toxic Tort Cases (Charleston 1992)

Managing Multiple Plaintiff Toxic Tort Cases (San Diego 1995)

Mass Case Management: Tort Reform (Washington D.C. 1996)

The Plaintiff's Approach When Corporate Defendants Indicate the

Potential For Bankruptcy (Phoenix 1997)

Handling Challenges to the Admissibility of Expert Witnesses Under

Daubert, Joiner, and Kumho Tire (San Diego 1999)

The Class Action Fairness Act (Washington D.C. 2005)

10th Annual Institute on Class Actions: Plaintiff’s Opening Statement in Support of Class Certification (San        Diego 2006)

Australian Trial Lawyers Association

Use and Abuse of Class Actions in America (Sydney 1995)

Class Actions in America and Australia (Aspen 1996)

California Association of Consumer Attorneys

Class Actions: Use and Abuse (S.F. 1996)

Class Actions: An Update on the Law (S.F. 2007)

Preserving Access to Justice: Class Actions (L.A. 2008)

The Center for Continuing Legal Education

Toxic Torts (S.F. and Sacramento 1988)

The Use of Expert Witnesses Under the New Discovery Act (San Diego, Los

Angeles, S.F., Newport Beach, Sacramento, San Jose 1988)

Dioxin 1993 (Vienna 1993)

In-Utero and Postnatal Exposure to 2,3,7,8-TCDD in Times Beach, Missouri: 1)

Immunological Effects: Lymphocyte Phenotype Frequencies

2) Impact on Neurophysiological Functioning

Hastings College of Law (S.F. 1998)

The Environmental Audit Privilege: An Idea Whose Time Has Not Come

Herbicides in War: 2nd International Symposium (Hanoi 1993)

Exposure to Agent Orange: Birth Defects

The Current Status of Compensation for American Veterans and Their Families

Subsequent to Agent Orange Exposure

3

International Conference on Hazardous Waste (Sponsored by the Russian Ministry of

Ecology) (St. Petersburg, Russia 1993)

American Regulations and Dangers

Prospects and Proposals for the C.I.S.

Law and Organizational Economics Center (for State Court Judges)(Kansas 1999)

• The Application of Supreme Court Expert Witness Decisions to the States;

• The Use of Animal Studies to Prove Causality;

• Focusing on the Methodology of Toxicology and Epidemiology;

Minnesota Trial Lawyers Association (November 2000)

• Use of Expert Witnesses in Federal Court

Mothers Against Drunk Driving

Litigating Closed Head Injury Cases (Dallas 1996)

National Judicial College

Toxic Torts for Trial Judges (Reno 1989)

Assessment and Distribution of Damage Awards (Reno 1989)

Pound Forum for State Court Judges

Scientific Evidence in the Courtroom (San Diego 1997)

• Discovery in Federal Courts (San Francisco 1999)

• The Jury System (Montreal 2001)

• State-Federal Relations (Atlanta 2002)

The National College of Advocacy

Medical Causation in Toxic Tort Cases (San Francisco 1986)

Typical Toxic Exposure Litigation Issues in the Workplace (Las Vegas 1992)

Turning the Expert's Perspective Into Your Own Winning Strategy ( Las Vegas

1992)

Case Management: Settlement Perspectives (Dallas 1993)

Demonstration of Direct and Cross-Examination of the Expert Witness (Dallas

1993)

Corporate Use of Public Relations to Manipulate Juries and Lessen Governmental

Standards (San Francisco 1993)

Use and Abuse of Class Actions (Chicago 1994)

Use of Experts in Pesticide Cases (Chicago 1994)

Toxic Tort Case Management: Financial Considerations (S. F. 1995)

Considering Children in the Prosecution of Mass Toxic Tort Actions (New York

1995)

Children and Toxic Exposure (Chicago 1995 and Santa Fe 1995)

4

The National College of Advocacy (Continued)

Experts: The Use of Daubert By Plaintiffs (Dallas 1996)

Poisoning the Studies: The Manipulation of Science Regarding the

Neurological Effects of Lead on Children (Boston 1996)

The Ultimate Trial Advocacy Course: Cross-Examination with a Purpose

(Berkeley 1996)

Juries and Public Perception (San Diego 1997)

The Federal Rules of Civil Procedure: Where Are We Going -- An Update on

Discovery (Maui 1998)

Coping With the Financial and Emotional Stress of Mass Litigation in

Pharmaceutical and Toxic Tort Cases (Washington D.C. 1998)

• Daubert, Joiner, and Kumho Tire (Washington, D.C. 1999; Chicago 2000)

• Litigating Sudden Toxic Release Cases (Plant Explosions and Railroad Tank Cars)

(San Francisco 1999)

• Pharmaceutical Litigation: Meeting Daubert Challenges (Chicago 2000)

• From Daubert to Weisgram and the new F.R.E. 702 (New Orleans 2001)

• Expert Witnesses (Las Vegas 2001)

• Understanding, Evaluating and Critiquing Epidemiology and Toxicology

in the Court Room; From Daubert to Weisgram and the new F.R.E. 702 (Phoenix

2001)

• Pharmaceutical Cases: Understanding the Medicine (Phoenix 2001)

• Ethical Aspects of Funding Mass Tort Cases (Montreal 2001)

• Litigating Pharmaceutical Cases (Dallas 2001)

• Surviving Challenges to Epidemiological and Toxicological Testimony (Atlanta

2002)

• Epidemiology and Toxicology Experts in the Daubert Era (Maui 2003)

• The Settlement of Mass Tort Cases (San Francsico 2003)

• The Admissibility of Expert Testimony (Palm Springs 2005)

• Coping with the Class Action Fairness Act (Washington D.C. 2005)

• E-Discovery (Seattle 2006)

• Issues Regarding Removal to Federal Court (Chicago 2007)

• Update on Issues of Preemption (Chicago 2007)

III. PUBLICATIONS (NOT RELATED TO SPEECHES)

Smoger, G.H., “Knocking Down Windmills,” Trial, (July 2003), pp. 56-61

Smoger, G.H., "New Environmental Laws Muzzle Critics," Trial, (October 1997), pp. 70-74

Smoger, G.H., Wolf, A., and Hoffman, M., "FIFRA Preemption: Overview and Tactical

Considerations, " Trial, ( July 1995), pp. 34-41

Smoger, G.H., Kahn, P.C., Rodgers, G.C., Suffin, S., McConnachie, P., "In Utero and Postnatal

Exposure to 2,3,7,8-TCDD in Times Beach, Missouri: 1. Immunological Effects:

Lymphocyte Phenotype Frequencies, "Vol. 13, pp. 345-348 in Fiedler, ed., et. al.,

Organohalogen Compounds, 1993

Cantor, D.S., Holder, G. , Cantor, W., Kahn, P.C., Smoger, G.H., Rodgers, G.C., Swain, W., Berger,

H., Suffin, S., "In Utero and Postnatal Exposure to 2,3,7,8-TCDD in Times Beach, Missouri:

"2. Impact on Neurophysiological Functioning" Vol. 13, pp. 341-344 in Fiedler, ed., et. al.,

Organohalogen Compounds, 1993

5

Smoger, G.H., "Using Experts Wisely in Toxic Tort Cases," Trial, (Sept. 1993), pp. 30-35

Smoger, G.H., "Whither the Commission on Human Rights," Vanderbilt Journal of

Transnational Law, (1979) Vol. 12: 943-968

IV. SUPREME COURT AND FEDERAL RULES INVOLVEMENT

A. Class Action Issues

Testimony on behalf of the Association of Trial Lawyers of America (now “AAJ”) before the

Federal Advisory Committee on Discovery Rules, Subcommittee on Class Actions, January 2,

2002; San Francisco, CA.

Testimony on behalf of the Association of Trial Lawyers of America (now “AAJ”) before the

Federal Advisory Committee on Discovery Rules, Subcommittee on Class Actions, 1996; San

Francisco, CA

Counsel of Record before the U.S. Supreme Court for Respondents Daniel Stephenson and Joe

Isaacson in the case of Dow Chemical Co., et. al., Petitioners, v. Daniel Stephenson, et. al.,

Respondents. No. 02-271

B. Expert Witness Issues

Counsel of Record before the U.S. Supreme Court on behalf of Trial Lawyers for Public Justice,

P.C., Public Citizen, Inc., and the Center for Auto Safety as Amici Curiae in support of

Respondents in the case of Kumho Tire Company, Ltd., Kumho U.S.A., Inc. and Hercules Tire &

Rubber Company, Inc.,petitioners, v. Patrick Carmichael, et. al., Respondents. No. 97-1709

Counsel of Record before the U.S. Supreme Court on behalf of OCAW (Oil, Chemical & Atomic

Workers Int'l. Union, AFL-CIO) as Amicus Curiae in support of Respondents in the case of

General Electric Company, Westinghouse Electric Corporation, and Monsanto Company,

petitioners, v. Robert K. Joiner and Karen P. Joiner, Respondents. No. 96-188

Testimony on behalf of the Association of Trial Lawyers of America before the Federal Advisory

Committee on Evidence Rules (Rule 702); 1998; Washington, D.C.

C. Discovery and Damages Issues

Testimony on behalf of the Association of Trial Lawyers of America before the Federal Advisory

Committee on Discovery Rules, 1998; San Francisco, CA

Testimony before the Federal Advisory Committee on Discovery Rules, Subcommittee on

Electronic Discovery; 2005; San Francisco, CA. and participation as one of the coordinators of

ATLA’s response to electronic discovery restrictions

Counsel of Record before the U.S. Supreme Court on behalf of The Association of Trial Lawyers

of America as Amicus Curiae in support of Respondent in the case of Philip Morris USA,

Petitioner, v. Mayola Williams, Respondent. No. 05-1256.

Counsel of Record before the U.S. Supreme Court on behalf of Jean-Michel Cousteau and Other

Natural and Social Scientists as Amici Curiae in support of Respondents in the case of Exxon

Shipping Co. and Exxon Mobil Corp., Petitioners, v. Grant Baker, et. al., Respondents. No.

07-219

6

V. EDUCATION

UNIVERSITY OF PENNSYLVANIA, Philadelphia, PA: Ph.D. (With distinction)

UNIVERSITY OF CALIFORNIA, Berkeley - Boalt Hall: J.D.

LYCOMING COLLEGE, Williamsport, PA: B.A. (Summa Cum Laude)

 

 

 

 

 

 

 

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Not certified by the Texas Board of Legal Specialization