Toxic Torts Deskbook

Toxic Torts Deskbook
Author: M. Stuart Madden
Publisher: CRC Press
Total Pages: 223
Release: 2018-01-18
Genre: Law
ISBN: 1351094254

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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.

Toxic Torts

Toxic Torts
Author: Carl F. Cranor
Publisher: Cambridge University Press
Total Pages: 371
Release: 2006-09-04
Genre: Law
ISBN: 1139458787

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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.

Drug and Medical Device Product Liability Deskbook

Drug and Medical Device Product Liability Deskbook
Author: James Beck
Publisher: Law Journal Press
Total Pages: 982
Release: 2004
Genre: Actions and defenses
ISBN: 9781588521217

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This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.

Toxic Tort Litigation

Toxic Tort Litigation
Author: D. Alan Rudlin
Publisher: American Bar Association
Total Pages: 518
Release: 2007
Genre: Law
ISBN: 9781590317341

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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.

Toxic Torts in a Nutshell

Toxic Torts in a Nutshell
Author: Jean Macchiaroli Eggen
Publisher: West Academic Publishing
Total Pages: 0
Release: 2005
Genre: Toxic torts
ISBN: 9780314159052

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Toxic Tort Law blends private and public law resulting in its own set of unique problems and challenges. Because this area is gaining prominence, it's developing its own jurisprudence. Introduces the study of toxic torts and identifies the theories of liabilities, including the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Covers special defendants, defenses, causation, injuries, and damages. Text also addresses mass toxic torts and delves into the case of environmental tobacco smoke.

Toxic Tort Litigation

Toxic Tort Litigation
Author: Arthur F. Foerster
Publisher: American Bar Association
Total Pages: 0
Release: 2013
Genre: Law
ISBN: 9781627221276

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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.

A Guide to Toxic Torts

A Guide to Toxic Torts
Author:
Publisher:
Total Pages: 752
Release: 1987
Genre: Actions and defenses
ISBN:

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Toxic Torts Litigation Guide

Toxic Torts Litigation Guide
Author: Lawrence G. Cetrulo
Publisher:
Total Pages: 0
Release: 2020
Genre: Actions and defenses
ISBN:

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Toxic Torts Litigation Guide provides a complete overview of the status of the law of toxic torts and the intricacies of the practice. The text and appendixes together provide a manual for conducting toxic tort litigation. This manual offers:• Practical analysis of new theories of liability and damages• Tips on crafting claims or defenses• Consideration of new approaches in case management procedures• An exhaustive review of the major legal issues most likely to arise in toxic tort litigationA table of cases is included. -from the publisher.

Seventh Annual Toxic Tort Institute

Seventh Annual Toxic Tort Institute
Author: Toxic Tort Institute
Publisher:
Total Pages: 409
Release: 1993
Genre: Products liability
ISBN:

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Litigating Toxic Tort and Hazardous Waste Claims

Litigating Toxic Tort and Hazardous Waste Claims
Author: Eddie Fournier
Publisher: Aspatore Books
Total Pages: 0
Release: 2011
Genre: Hazardous wastes
ISBN: 9780314278005

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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.