Marc C. Scarcella

  • Economic and Complex Analytics Practice Area Leader & Principal

Mr. Scarcella has over 15 years of experience as an economic consultant for mass tort litigation, specializing in quantitative methods and their applications in dispute resolution and strategic litigation management. He has extensive experience estimating litigation risk and economic damages related to environmental and product liability, including projections of latent personal injury claims. He has also developed economic models for estimating potential insurance recoveries due to environmental and product liability claims. Mr. Scarcella has developed forecasting models used to evaluate the impact of litigation and legacy liability on corporate financial management, transactions, and restructuring. His work has been leveraged in corporate financial disclosures for SEC reporting, bankruptcy reorganization, and due diligence for structured financial transactions.

Mr. Scarcella has acted as consulting or testifying expert on a number of complex insurance coverage cases. He has applied his expertise in forecasting future losses and litigation risks to the areas of asbestos, silica, pharmaceutical, medical device, water contamination, sports-related head trauma, tobacco litigation, and additional forms of deleterious substances and environmental toxins.

Representative Projects

  • Litigation expert on behalf of insurer opining to the reasonableness of an underlying workplace-related wrongful death settlement
  • Litigation expert on behalf of insurer in a benzene-related coverage dispute requiring the allocation of historical and future projections of claim expenditures and indemnity
  • Litigation expert on behalf of an insured friction defendant in an asbestos-related insurance coverage dispute
  • Strategic consulting lead on behalf of a joint-defense group of insurers to analyze historical costs and exposure claims related to exposures to various deleterious substances
  • Litigation expert on behalf of insurer in an asbestosrelated coverage dispute requiring allocation of both historical and future projections of product and premises claim expenditures and indemnity
  • Consulting lead for estimating future asbestos-related expenses and potential insurance receivables for a friction defendant’s SEC financial disclosures
  • Technical consulting lead for modeling historical and future asbestos-related costs and corresponding insurance receivables on behalf of the future asbestos claimant representative in a 524(g) bankruptcy reorganization

Representative Expert Testimony

  • Mr. Scarcella has testified on matters of insurance allocation, 524(g) asbestos bankruptcy trust transparency, and potential plaintiff recoveries at the state and federal levels
  • Deposition testimony in Hayden vs. 3M Company, et al., Civil District Court for the Parish of Orleans State of Louisiana, July 2016
  • Deposition testimony in New York City Asbestos Litigation, Supreme Court of New York, February 2016
  • Hearing testimony on H.B. 1428, Pennsylvania House Committee on Judiciary, PA, January 2016
  • Deposition testimony in Petersen vs. Industrial Supply Company, Inc., et al., Third Judicial District Court for Salt Lake County, UT, October 2015
  • Hearing testimony, in Poage vs. 3M Company, et al., Circuit Court for St. Louis, MO, August 2015
  • Hearing testimony, in Olin Corporation vs. Insurance Company of North America, et al., United States District Court for the Southern District of New York, January 2015
  • M.A., Financial Economics
  • American University,
    Washington, D.C.
  • B.A., Economics
  • American University,
    Washington, D.C.
  • B.A., Public Affairs
  • American University,
    Washington, D.C.
Areas of Expertise
  • Contingent Liability Forecasting for Environmental and Product Risk
  • SEC Financial Reporting Disclosures for Contingent Liabilities
  • Litigation and Environmental Due Diligence
  • Insurance Allocation, Reserving, and Excess Policy Buy-outs
  • Analysis of Asbestos Bankruptcy Trust Exposures and Recoveries
  • Auditing Procedures and Claim File Reviews
  • Economic Valuation of Loss