Defending Toxic Tort Litigation
Author | : John Gerald Gleeson |
Publisher | : |
Total Pages | : |
Release | : 1987 |
Genre | : Toxic torts |
ISBN | : |
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Author | : John Gerald Gleeson |
Publisher | : |
Total Pages | : |
Release | : 1987 |
Genre | : Toxic torts |
ISBN | : |
Author | : Michael Dore |
Publisher | : |
Total Pages | : 2146 |
Release | : 2007 |
Genre | : Actions and defenses |
ISBN | : |
Author | : D. Alan Rudlin |
Publisher | : American Bar Association |
Total Pages | : 518 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590317341 |
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 | : Eddie Fournier |
Publisher | : Aspatore Books |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Hazardous wastes |
ISBN | : 9780314278005 |
Litigating Toxic Tort and Hazardous Waste Claims provides an authoritative, insiders perspective on key strategies for preparing and litigating a toxic tort case. Featuring partners from some of the nations leading law firms, these experts guide the reader through the process of developing a successful defense strategy by thoroughly fact-checking and researching a claim. These top lawyers reveal their advice on managing discovery, handling numerous pleadings, and collecting medical information. From understanding the science behind a claim to utilizing experts both inside and outside of the courtroom, these authors discuss the importance of communicating with scientific experts and becoming knowledgeable about the underlying technical issues involved in a toxic tort case. These leaders also share their strategies on litigating high-profile lawsuits like the World Trade Center disaster site litigation and defending strict liability Superfund cases. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving area of law.
Author | : Francesca Dominici |
Publisher | : |
Total Pages | : |
Release | : 2014 |
Genre | : |
ISBN | : |
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 | : Allan Kanner |
Publisher | : |
Total Pages | : 678 |
Release | : 2001 |
Genre | : Law |
ISBN | : |
Author | : Carl F. Cranor |
Publisher | : Cambridge University Press |
Total Pages | : 371 |
Release | : 2006-09-04 |
Genre | : Law |
ISBN | : 1139458787 |
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.
Author | : Donald J. Hirsch |
Publisher | : |
Total Pages | : 120 |
Release | : 1989 |
Genre | : Actions and defenses |
ISBN | : |
Author | : Defense Research Institute |
Publisher | : |
Total Pages | : 75 |
Release | : 1986 |
Genre | : Hazardous substances |
ISBN | : |
Author | : Arthur F. Foerster |
Publisher | : American Bar Association |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Law |
ISBN | : 9781627221276 |
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.