William L. Anderson is a partner with Crowell & Moring LLP. He has practiced for more than 30 years in product liability, toxic tort, and environmental matters that typically involve significant and complex medical and scientific issues, including causation, and national coordination roles. He is also a member of the firm's Mass Tort, Product, and Consumer Litigation Group and the chair of the Firm’s Professional Responsibility Committee. Bill also serves as the chair of the International Association of Defense Counsel’s (IADC) Product Liability Committee.
The range of cases Bill has managed extends across crop protection and agricultural products, birth defect litigation, alleged toxic exposure to substances in environmental media, product risk and crisis management, medical device, cutting-edge asbestos causation and expert exclusion issues, and national asbestos case management.
His work for Fortune 50 companies includes a major crop protection product litigation and crisis management effort involving EPA, state and federal litigation, and one of the first lawsuits in the U.S. to allege injury to bee colonies from neonicotinoids. He has represented several scientists and journal editors in defending against plaintiff claims involving scientific publications and studies.
Subject-wise, Bill’s knowledge includes genetic syndrome evidence, blood testing and other assessments of exposure, pharmacokinetics, causation standards, the role of FIFRA in litigation, and a wide array of epidemiology and similar literature. He has addressed causation issues regarding many substances, including benzene, dioxins, glyphosate, talc, TCE, vinyl chloride, and asbestos. He also tracks the science in current product and tort controversies, including talc, Roundup and low-dose causation litigation, synthetic turf crumb rubber, and genetic developments.
Bill has extensive experience with expert strategy and science litigation management and trial preparation. He has directed a number of Daubert/Frye expert discovery and briefing efforts that have led to the exclusion of unreliable plaintiff expert opinions in low-dose and other matters. He manages national dockets in asbestos litigation for Fortune 500 companies, including trial and motions strategy.
Representative Matters
- Lead partner in one of the first lawsuits alleging that bee colonies were destroyed by an insecticide product used by local farmers. The case litigated to the expert stage and included significant scientific workup to defend the product and its active ingredient.
- Daubert exclusion of causation experts in West Virginia birth defects litigation involving a crop protection product. These cases involved extensive science discovery, including plaintiffs' litigation-based testing. The Fourth Circuit Court of Appeals affirmed the trial court's exclusion. Bourne v. E.I. DuPont de Nemours and Co., 189 F.Supp.2d 482 (W.D. Va. 2002), aff'd 85 Fed. Appx. 964 (4th Cir. 2004).
- Follow-up exclusion of exposure and causation experts in similar birth defect litigation in Delaware, affirmed by the Delaware Supreme Court. This litigation turned in part on state-of-the art genetics testing and discovery documenting genetically-induced syndromes in several plaintiffs. Bowen v. E.I. du Pont de Nemours and Co., 2005 WL 1952859 (Del. Super., June 23, 2005), aff'd 906 A.2d 787(Del. Supr. 2006).
- Summary judgment rejection of expert medical monitoring theories attempting to require $500 million in medical monitoring costs for a purported class allegedly subjected to dioxin exposures from a train derailment and fire. The court ended the case prior to class certification based on insufficient science, an unusual and early resolution that avoided the class determination. Mann v. CSX Transportation, 2009 WL 3766056 (N.D. Ohio, Nov. 10, 2009), aff'd 656 F.3d 359 (6th Cir. 2011).
- Multiple exclusions of plaintiff asbestos testifying experts relying on the discredited “any exposure” theory for causation testimony, and support of other rejections via amicus briefs.
- Representation of several Fortune 100 companies in defending against asbestos litigation as national or strategic counsel.
- Long-standing representation of a county in Florida in defending lakes against pollution arising in a neighboring state.
- Representing a Swiss inhalation toxicologist in attempts to “tag” the scientist for a US deposition based on attendance at a Virginia conference. The trial court rejected the subpoena, a decision affirmed by the Virginia Supreme Court.
- Representing a journal editor in defending a deposition brought by Roundup litigation plaintiff attorneys based on attacks on the publication of scientific articles favorable to defendants.
Nationwide Amicus Briefs and Publications
Bill also plays a leading role nationally in the preparation and filing of amicus briefs on critical scientific evidentiary issues, including in the highest state courts of Texas, Georgia, Maryland, Pennsylvania, Michigan, Virginia, New Jersey, Ohio, California, Arizona, and New York, intermediate courts in many states, and before the Seventh and Ninth federal Circuit Courts of Appeals. Several of those briefs contributed to the decisions. Recent briefs:
- New jersey Talc Litigation: New Jersey Supreme Court appeal of cosmetic talc verdict (pending). Carl v. Johnson & Johnson.
- New York Talc-Mesothelioma Appeal: First Court of Appeals case addressing mesothelioma causation from talc exposure (pending). Nemeth v. Brenntag N. America.
- Ohio Supreme Court asbestos any exposure: Appeal of “cumulative exposure” version of any exposure theory; defense win. Schwartz v. Honeywell Intl.
- Pennsylvania Every Exposure Appeal: State Supreme Court appeal of every exposure theory supporting asbestos litigation; defense win. Betz v. Ford Motor Co.
- Texas Every Exposure Appeal: Texas Supreme Court appeal of every exposure theory as applied to mesothelioma litigation; defense win. Bostic v. Georgia-Pacific Corp.
- Georgia Appeal of Every Exposure Theory: Georgia Supreme Court rejection of every exposure theory. Scapa Dryer Fabrics, Inc. v. Knight.
Bill has published four leading articles on causation theory, including the latest one entitled “How Much Is Enough: A Judicial Roadmap to Low-Dose Asbestos Litigation.” Other causation articles include “The Any Exposure Theory Round III; An Update on the State of the Case Law 2012-2016.” He has recently published on genetics and causation in "Genetics: A Path To Resolving Asbestos Litigation?"
Affiliations
Bill is admitted to practice in the District of Columbia, and is a member of the U.S. Supreme Court, the U.S. Courts of Appeals for the Fourth, Fifth, Seventh, and Federal Circuits, the U.S. District Court for the District of Columbia, and the U.S. Court of Federal Claims.
Highlights, News & Knowledge
Speeches & Presentations
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"Accutane, Asbestos, and Talc: The Impact of Varying Standards for Expert Evidence," Civil Justice Symposium for Judges
(May 2019).
Panelist: William L. Anderson.
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"Ethics: How to Identify and Address Client Conflicts," 2019 Energy Bar Association Conference
(2019).
Presenter: William L. Anderson.
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"Turf Wars: The Claimed Health Effects of Synthetic Turf Crumb Rubber," ABA SEER Spring 2018 Conference Panel: The Next Generation of Toxic Torts
(2018).
Panelist: William L. Anderson.
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"Turf Wars: Science vs Fear, A Field of Dreams or a Real Nightmare," Webinar
(July 27, 2017).
Presenters: Cheryl A. Falvey and William L. Anderson.
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"Turf Wars: The Growing Attack on Synthetic Turf Crumb Rubber," Webinar
(September 7, 2016).
Presenters: William L. Anderson and Dr. Salomé Cisnal de Ugarte.
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"Where Courts Are Going on the Any Exposure Issue" at Perrin's "Cutting Edge Issues in Asbestos Litigation," Conference, Beverly Hills, CA
(March 18, 2013).
Presenter: William L. Anderson.
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"Status of the Each and Every Exposure Theory," at Northwestern University Law School's Judicial Education Symposium, Chicago, IL
(November 2009).
Presenter: William L. Anderson.
Publications
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"Genetics: A Path To Resolving Asbestos Litigation?" Westlaw
(November 9, 2020).
Authors: William L. Anderson, Peter C. Condron, and Kieran J. Tuckley.
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"Torts, Courts and Attorneys General: Tort Litigation by States," IADC Defense Counsel Journal, Volume 87, No. 2
(April 30, 2020).
Authors: William L. Anderson and Richard E. Wallace, Jr.
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"Is Daubert Broken," IADC Committee Newsletter
(December 2019).
Authors: William L. Anderson.
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"From Roundup To Oatmeal: New Trends In Glyphosate Suits," Law360
(August 6, 2019).
Authors: Christopher A. Cole, William, William L. Anderson, Kevin C.Mayer, Hilary Johnson.
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"How Much Is Enough? A Judicial Roadmap to Low Dose Causation Testimony in Asbestos and Tort Litigation," American Journal of Trial Advocacy, Vol. 42:39
(2018).
Authors: William L. Anderson and Kieran J. Tuckley.
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"Pennsylvania Splits with Majority in Allowing "Cumulative Exposures" Asbestos-Liability Theory," Washington Legal Foundation, Vol. 26, No. 7
(March 24, 2017).
Author: William L. Anderson.
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"The Any Exposure Theory Round III: An Update on the State of the Case Law 2012-2016," Defense Counsel Journal, Vol. 83, No. 3, pp. 264-285
(July 2016).
Authors: William L. Anderson and Kieran J. Tuckley.
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"Crumb Rubber Turf Wars: The Attack on Synthetic Turf Playing Fields," Westlaw Journal Asbestos, 38 No. 17
(June 10, 2016).
Authors: William L. Anderson and Cheryl A. Falvey.
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"'Turf Wars' Comes to the UK: Do Crumb Rubber Turfs Post a Danger to Athletes?" LawinSport
(March 21, 2016).
Co-Authors: William L. Anderson and Emma K. Burton.
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"The Unwarranted Bases for Today's Asbestos 'Take-Home' Cases," 39 Amer. J. Trial Advoc. 107
(2015).
Author: William L. Anderson.
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"Turf Wars: The Attack On Crumb Rubber Synthetic Turf," Law360
(December 14, 2015).
Authors: William L. Anderson and Emma K. Burton.
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"Take-Home Asbestos and Toxic Tort Litigation – Bringing Home More than the Bacon," IADC Product Liability Committee Newsletter
(October 2015).
Author: William L. Anderson.
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"The 'Any Exposure' Theory Round II -- Court Review of Minimal Exposure Expert Testimony in Asbestos and Toxic Tort Litigation Since 2008," Kansas Journal of Law & Public Policy
(Fall 2012).
Co-Authors: William L. Anderson, Lynn R. Levitan, and Kieran J. Tuckley.
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"State High Court Rejects 'Any Fiber' Asbestos Liability Theory," Washington Legal Foundation Legal Opinion Letter, Vol. 21 No. 14
(June 22, 2012).
Co-Author: William L. Anderson and Kieran J. Tuckley.
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"Borg-Warner v. Flores: Restoring The Rule of Science And Law To Asbestos Litigation In Texas," Mealey's Litigation Report: Asbestos
(November 2010).
Co-Authors: Deborah Hankinson, Elaine Panagakos and William L. Anderson.
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"The 'Any Exposure' Theory: An Unsound Basis for Asbestos Causation and Expert Testimony," Southwestern University Law Review
(January 2008).
Author: William L. Anderson and Mark A. Behrens.
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"The Growing Role of Litigation-Generated Science," 10:1 Mealey's Daubert Rpt. 1 (Jan. 2006)
(reprinted in 14:21 Mealey's Emerging Toxic Torts Feb. 2006).
Co-Authors: William L. Anderson and Barry M. Parsons.
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"We've Conducted Our Own Tests," Legal Times, Vol. XXVII, No. 51
(December 19, 2005).
Co-Authors: William L. Anderson and Michael L. Martinez.
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"Coal Supply Contracts," Energy Law and Transactions (Matthew Bender 2004 ed.).
(2004).
Co-Authors: Tim Means and William Anderson.
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"Daubert's Backwash: Litigation-Generated Science," 34:4 Mich. J. L. Ref. 619
(Summer 2001).
Co-Authors: William L. Anderson, Barry M. Parsons & Dr. Drummond Rennie.
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"Genetically-Modified Product Liability and Litigation," Chapter in Agricultural, Forest And Environmental Biotechnology, Environmental Law Institute
(Spring 2001).
Author: William L. Anderson, Ed. by Nancy S. Bryson.
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"Daubert's Troublesome Offspring: Litigation-Generated Science," Crowell & Moring Toxic Tort and Environmental Litigation Newsletter
(December 1999).
Co-Authors: William L. Anderson and Barry M. Parsons.
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"Conducting Genetics Discovery," Crowell & Moring Toxic Torts and Environmental Litigation Newsletter
(Spring 1999).
Co-Authors: William L. Anderson and Nancy S. Bryson.
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"Special Committee on Toxic and Environmental Torts," 1995 Annual Report (survey of cases) Natural Resources, Energy, and Environmental Law 1995 Year In Review, published by SONREEL section of ABA
(1995).
Author: William L. Anderson
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"Chapter 27. Wetlands Protection Law and The Forest Industry: Exemptions, Recapture, and Glancing Ducks," Proceedings of the 14th Annual Eastern Mineral Law Institute, Eastern Mineral Law Foundation
(1993).
Co-Authors: Steven P. Quarles, Thomas Stock and William L. Anderson.
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"Superfund Litigation: the Contractor's Role," ECON
(May 1990).
Co-Authors: William L. Anderson and Ridgway M. Hall, Jr.
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'Environmental Law and Regulation,' chapter in "Successfully Acquiring a U.S. Business," The Economist
(April 1990).
Co-Authors: William L. Anderson and Robert E. Davis.
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"The Federal-State 'Partnership' in Superfund Cleanups: Whose Dump Is This, Anyway?" Environmental Hazards: The Superfund, RCRA and Toxic Tort Law Advisor,
(September 1989).
Co-Authors: William L. Anderson and Richard E. Schwartz.
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Journal Of American Medical Association, articles involving the interplay of science and law.
(January 1, 1989).
Peer Reviewer: William L. Anderson.
Client Alerts & Newsletters
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"Maryland Joins "Supermajority" of States Adopting Daubert Standard,"
Mass Tort, Product, and Consumer Litigation Alert
(September 3, 2020).
Contacts: William L. Anderson, Clifford J. Zatz
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"Eleventh Circuit Holds that Plaintiff Lacks Standing in Cheerios Glyphosate Lawsuit,"
Mass Tort, Product, and Consumer Litigation Alert
(May 29, 2020).
Contacts: Peter C. Condron, Christopher A. Cole, William L. Anderson
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"Roundup®: Will EPA Have the Last Word on Glyphosate?,"
Mass Tort, Product, and Consumer Litigation Alert
(December 20, 2019).
Contacts: Peter C. Condron, William L. Anderson
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"From Roundup® to Oatmeal: The Next Trend in Glyphosate Litigation?,"
Mass Tort, Product, and Consumer Litigation Alert
(June 10, 2019).
Contacts: William L. Anderson, Christopher A. Cole, Hilary Johnson
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"About Face! Florida Supreme Court Adopts Daubert Standard— Seven Months After Rejecting It,"
Mass Tort, Product, and Consumer Litigation Alert
(May 29, 2019).
Contacts: Clifford J. Zatz, William L. Anderson
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"How Much Is Enough? A Judicial Roadmap to Low Dose Causation Testimony in Asbestos and Tort Litigation,"
Mass Tort, Product, and Consumer Litigation Alert
(May 13, 2019).
Contacts: William L. Anderson, Kieran J. Tuckley
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"Florida Supreme Court Rebuffs Legislature’s Mandate to Adopt Daubert Standard,"
Mass Tort, Product, and Consumer Litigation Alert
(October 22, 2018).
Contacts: Clifford J. Zatz, William L. Anderson
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"EPA Issues First Status Report on Crumb Rubber Studies,"
Advertising & State AG Alert
(January 25, 2017).
Contacts: William L. Anderson, Cheryl A. Falvey
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"Synthetic Turf Playing Fields - Potential Health Effects,"
(April 12, 2016).
Contacts: William L. Anderson, Cheryl A. Falvey, Laurel Pyke Malson, Emma K. Burton
Media Mentions
Firm News & Announcements