Profile

Mr. Eshelman represents major insurers nationally in environmental and mass tort coverage litigation including asbestos, tobacco, silica, welding rods and benzene.

He has provided overall guidance and strategy for trial of coverage and related litigation between an insurer and a major asbestos producer. This litigation ended with a national class action approved in the United States District Court in Texas, as well as a California appellate court decision confirming assignments of coverage were invalid.

Mr. Eshelman obtained affirmance from Delaware Supreme Court of a decision by the trial court upholding the applicability of tobacco exclusions.

In addition to his extensive experience representing major insurers nationally, Mr. Eshelman pioneered the development of a computer litigation management system which has captured all work product in full text for over two decades to eliminate duplicative work. He is also versed in aviation litigation and holds a commercial pilot’s license with multi-engine and instrument ratings. 

Product Liability

Mr. Eshelman has handled cases in California for a major automobile manufacturers. He settled or won at trial all of these cases including cases with trials that lasted more than 12 weeks.

His clients have also included manufacturers of aircraft, pipelines, transportation equipment, machine tools, and consumer products.

Medical Issues

Mr. Eshelman has regularly reviewed four peer reviewed medical journals for material relevant to his clients’ businesses.

Presentations and Publications

Co-Authored with Jodi K. Swick, Who Is The Sole Survivor? A Corporate Successor's Right to Insurance Coverage, published in Commentary, Mealey's Litigation Report, Insurance, Vol. 21, #1 (November 1, 2006).  Read article

Co-Authored with Robert Binion, The Effect of Venue Differences in Bad Faith Cases: The Good (Law), the Bad (Faith), and the Ugly (Truth), published in Coverage, a publication of the American Bar Association, Section on Litigation, Committee on Insurance Coverage Litigation (January/February 2006).

Co-Authored with Don Willenburg, "Latching On": Asbestos Channeling Injunctions Should Protect All Settling Insurers, Regardless of Whether They Settle Before or After Plan Confirmation, published in Mealey's Asbestos Bankruptcy Report (November 2002).

Unfair Share—Liability Based on Market Presence Is Not Strong Enough to Carry Lead Paint, published in San Francisco Daily Journal (June 14, 2000).

Why Market Share Liability Doesn't Add Up, published in For the Defense (May 2000).

Speculative Damages and Toxic Torts: Good Intentions Make Bad Law, For The Defense (May 1999).

First Party Environmental Coverage Exclusions, Coverage (January/ February 1998).

Contributing Author, Expert Evidence, A Practitioner's Guide to Law, Science and the FJC Manual, West Publishing Company (1997).

RSI: Mass Tort or Much Ado About Nothing, Andrews Repetitive Stress Injury Litigation Reporter (November 1995).

Non-Scientific Expert Testimony: Who Is Watching the Gate in California?, California Litigation, Vol. 8, No. 3 (Spring 1995).

Using Spoliation of Evidence in Products Liability Cases, California Litigation, Vol. 6, No. 1 (Fall 1992).