Environmental and Toxic Tort Matters
Author | : |
Publisher | : |
Total Pages | : 756 |
Release | : 2008 |
Genre | : Liability for environmental damages |
ISBN | : |
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Author | : |
Publisher | : |
Total Pages | : 756 |
Release | : 2008 |
Genre | : Liability for environmental damages |
ISBN | : |
Author | : M. Stuart Madden |
Publisher | : West Academic Publishing |
Total Pages | : 1096 |
Release | : 2005 |
Genre | : Law |
ISBN | : |
Focuses on the theories of liability that private plaintiffs may rely upon to recover for environmental or toxic harms. Presents special procedural problems of causation posed by Environmental and Toxic Torts. Addresses special harms that often relate to seeking recovery for future, but as yet unrealized, consequences of their exposure to toxic substances. Regards the role of state and federal statutes and regulations in private tort actions, including discussion of express and implied preemption and the Supreme Court decisions. Discusses proposals for reform of the tort system.
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 | : American Law Institute-American Bar Association Committee on Continuing Professional Education |
Publisher | : |
Total Pages | : 491 |
Release | : 1996 |
Genre | : Liability for environmental damages |
ISBN | : |
Author | : M. Stuart Madden |
Publisher | : CRC Press |
Total Pages | : 223 |
Release | : 2018-01-18 |
Genre | : Law |
ISBN | : 1351094254 |
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 | : 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 | : |
Publisher | : |
Total Pages | : |
Release | : 2002 |
Genre | : Liability for environmental damages |
ISBN | : |
Author | : American Law Institute-American Bar Association Committee on Continuing Professional Education |
Publisher | : |
Total Pages | : 491 |
Release | : 1996 |
Genre | : Liability for environmental damages |
ISBN | : |
Author | : JEAN MACCHIAROLI. EGGEN |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2023-09-19 |
Genre | : |
ISBN | : 9781685616410 |
This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants, such as employers, governmental entities, and government contractors; workers' compensation; insurance coverage issues; key defenses such as statutes of limitations and preemption; causation and scientific evidence; and new theories of injury and damages. The work also addresses mass toxic torts and the procedural issues that accompany them. Substantial updates include public nuisance actions; liability for "take-home" toxins; and numerous issues arising in litigation involving talc, PFAS ("forever chemicals"); e-cigarettes; glyphosate; and opioids.