A Framework for Toxic Tort Litigation PDF Download
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Author: Joe G. Hollingsworth
Publisher:
ISBN:
Category : Liability for environmental damages
Languages : en
Pages : 135
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Book Description
Author: Joe G. Hollingsworth
Publisher:
ISBN:
Category : Liability for environmental damages
Languages : en
Pages : 135
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Book Description
Author: D. Alan Rudlin
Publisher: American Bar Association
ISBN: 9781590317341
Category : Law
Languages : en
Pages : 518
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Book Description
Trying a toxic tort case is unlike other high-stakes litigation. This guide explores the legal elements that distinguish toxic tort litigation, explaining theories of liability and damages as well as procedural and substantive defenses. Chapters cover scientific and medical evidence, causation, trial management and strategy, settlement, and specialized litigation, including mold, lead, asbestos, silica, food products, pharmaceuticals, and MTBE.
Author: Francesca Dominici
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Toxic tort cases provide a natural framework for an in-depth illustration and an application of statistical methods for small-scale studies of putative sources of hazard. In this paper, we describe the aspects of a toxic tort case that focussed on quantifying the strength of evidence concerning the hypothesis that carcinogenic substances emitted from an industry source were associated with a statistically significant higher than expected incidence rate of neuroblastoma in children. We first present the epidemiological analysis carried out by the plaintiffs' experts (Drs P1, P2 and P3). We then summarize the key critiques by the defense experts (Drs D1, D2 and D3) followed by the plaintiff's reply. In the context of toxic torts, the plaintiff must demonstrate that the exposure resulting from the defendants' conduct is more likely than not causally related to the injury. We use this toxic tort case to identify common criticisms of the defense experts that take advantage of the complexity in evaluating causation in toxic torts. In the discussion, we summarize the common defense positions and question whether such questions are scientifically appropriate.
Author: Arthur F. Foerster
Publisher: American Bar Association
ISBN: 9781627221276
Category : Law
Languages : en
Pages : 0
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Book Description
Trying a toxic tort case is very different from other high-stakes litigation. This practice-focused guide explores the specific and often unique elements that distinguish this type of litigation, including the differing theories of liability and damages and the key procedural and substantive defenses to toxic tort claims. Other topics include scientific and medical evidence and causation, case strategy, trial management, settlement considerations, and causation standards that apply in four regions of the country, reviewing the standards that apply in every state.
Author: M. Stuart Madden
Publisher: CRC Press
ISBN: 1351094254
Category : Law
Languages : en
Pages : 223
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Book Description
Toxic Torts Deskbook is a concise, readable text covering the fastest-growing area of tort and personal injury litigation.Toxic tort suits involve claims arising from exposure to products ranging from pesticides to industrial solvents, manufacturing waste, and asbestos and present unique questions regarding causation, degree of hazard, and expert testimony.Written for environmental professionals as well as attorneys, Toxic Torts Deskbook describes the principal causes of suits for negligence, nuisance, trespass, warranty, strict tort liability, and liability for abnormally dangerous activities. For environmental, product, and workplace injuries from toxic exposure, the book discusses the elements a claimant must plead and prove, as well as defenses, statutes of limitations for long latency harms, and limited immunity for government contractors. "Citizen suits" that individuals may bring to vindicate rights granted by state or federal environmental statutes and insurance coverage issues, including the metes and bounds of the "pollution exclusion", are also covered.
Author: Edward Greer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 626
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Book Description
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 196
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Book Description
This work contains articles on the sufficiency of evidence, expert witness testimony, remedies and damages, policy legislation, and the roles of toxicology, epidemiology and biostatistics.
Author: Richard A. Epstein
Publisher: Aspen Publishing
ISBN: 1543820905
Category : Law
Languages : en
Pages : 1706
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Book Description
Cases and Materials on Torts preserves historical and conceptual continuity between the present and the past, while addressing the most significant contemporary controversies in such fast-moving areas like public nuisance, global warming, and product liability, with new litigation against internet providers. Toward these dual ends, Richard A. Epstein and Catherine M. Sharkey have retained in the Twelfth Edition the great older cases, both English and American, that have proved themselves time and again in the classroom, and which continue to exert great influence on the modern law. Our book also provides a rich exploration of the dominant corrective justice and law-and-economics approaches to tort law, as exemplified both in the retained and new cases and materials. New to the Twelfth Edition: Extensive new treatment of public nuisance cases to address the profound expansion of the once-sleepy area of public nuisance law into the realms of the opioid crisis, toxic torts, and global warming. Major reconsideration of who counts as a seller in the chain of distribution for goods sold online with product liability updates for various forms of e-commerce, such as Amazon’s liability for defective products sold on its site. Updates to incorporate two major new Torts Restatements on Intentional Harms and Liability Insurance. The Reforms of the Michigan No-Fault Legislation Enhanced treatment of privacy in the era of “Big Data” to address trend of large data collectors like Facebook and Google to determine what is reasonable online, incorporating major privacy legislation such as California’s Consumer Privacy Act and the European GDPR (General Data Protection Regulation). Expansion of materials that address race and gender disparities in the setting of damages awards; and, in the realm of punitive damages innovative remedies directing some portion of the award to public interest groups. Professors and students will benefit from: Clear organizational framework of the book. Important lines of cases that help understand legal reasoning and the evolution of precedent Inclusion of key academic commentary and elaboration of central intellectual disputes over the nature and function of the tort law Ability to pick and choose modules of interest – such as defamation, privacy, and economic harms – which are of increasing importance in real world of tort litigation. Extensive notes with topic headlines that elaborate basic concepts and extend into the most complex contemporary issues facing courts. Great attention given to cutting edge tort developments.
Author: Gary Z. Nothstein
Publisher: McGraw-Hill Companies
ISBN:
Category : Actions and defenses
Languages : en
Pages : 1016
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Book Description
This treatise covers toxic tort issues from recognition & evaluation of hazardous substances to the applicability of correlative statues & regulations. The interface between OSHA, NIOSH, FDA, TSCA, & RCRA regulations, & violations & effects on strict liability are discussed in the work.
Author: Carl F. Cranor
Publisher: Cambridge University Press
ISBN: 1139458787
Category : Law
Languages : en
Pages : 371
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Book Description
The relationship between science, law and justice has become a pressing issue with US Supreme Court decisions beginning with Daubert v. Merrell-Dow Pharmaceutical. How courts review scientific testimony and its foundation before trial can substantially affect the possibility of justice for persons wrongfully injured by exposure to toxic substances. If courts do not review scientific testimony, they will deny one of the parties the possibility of justice. Even if courts review evidence well, the fact and perception of greater judicial scrutiny increases litigation costs and attorney screening of clients. Mistaken review of scientific evidence can decrease citizen access to the law, increase unfortunate incentives for firms not to test their products, lower deterrence for wrongful conduct and harmful products, and decrease the possibility of justice for citizens injured by toxic substances. This book introduces these issues, reveals the relationships that pose problems, and shows how justice can be denied.
