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| Author | : American Bar Association. Committee on Toxics and Environmental Tort Litigation |
| Publisher | : |
| Total Pages | : |
| Release | : 1990 |
| Genre | : Environmental law |
| ISBN | : |
| Author | : Gerald W. Boston |
| Publisher | : West Academic Publishing |
| Total Pages | : 308 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : |
| Author | : Robin Craig |
| Publisher | : West Academic Publishing |
| Total Pages | : 0 |
| Release | : 2024-08-12 |
| Genre | : Law |
| ISBN | : 9781684677566 |
The Second Edition of this casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The book explores: the ability of various legal theories to resolve toxic tort cases, the use of various branches of science to address the question of causation, the unique features of toxic tort remedies in the workplace, the role of public law, both in controlling risk and its interaction with private law, special damage issues that arise in toxic cases such as the right to medical monitoring, the insurance issues that arise in toxic tort cases, and the complex legal environment (bankruptcy, multidistrict litigation, class actions) in which toxic tort cases are often litigated. The casebook stands alone as an upper-level introduction to the ever-expanding role of toxic tort and environmental law regulation and litigation.
| Author | : Robin Kundis Craig |
| Publisher | : West Academic Publishing |
| Total Pages | : 835 |
| Release | : 2011-01-01 |
| Genre | : Liability for environmental damages |
| ISBN | : 9780314205087 |
| Author | : Michael Dore |
| Publisher | : |
| Total Pages | : 2146 |
| Release | : 2007 |
| Genre | : Actions and defenses |
| ISBN | : |
| Author | : Allan Kanner |
| Publisher | : |
| Total Pages | : 678 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : |
| 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 | : M. Stuart Madden |
| Publisher | : CRC Press |
| Total Pages | : 248 |
| Release | : 1992-05-22 |
| Genre | : Law |
| ISBN | : |
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 | : Donald J. Hirsch |
| Publisher | : |
| Total Pages | : 120 |
| Release | : 1989 |
| Genre | : Actions and defenses |
| ISBN | : |
