Toxic Tort Litigation

Toxic Tort Litigation
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.

Phosphate Fluorides Toxic Torts

Phosphate Fluorides Toxic Torts
Author: Gary Pittman
Publisher: Lulu.com
Total Pages: 150
Release: 2011-05-01
Genre: Law
ISBN: 0615490409

Gary Pittman and his co-workers were systematically exposed to toxic substances while working for Occidental Chemical Corporation's north Florida phosphoric acid plants and mines. "Phosphate - Fluorides - Toxic Torts" is a personal narrative by Pittman describing his seven-year battle with Occidental while suffering with chemical poisoning, and the obstacles he had to overcome in the pursuit of compensation. Occidental Chemical Corporation was no stranger to Toxic Tort litigation. They were the company named in the 1979 landmark case, "United States v. Occidental," about the "Love Canal" public health disaster in the late 1970s. In 1995, the "Love Canal" case was still in the courts when Pittman, a co-worker, and attorney, Dorothy Clay Sims took on the mammoth Occidental machine with their legions of law firms. Did Pittman win? Yes and no. When you have your health, you can always make more money, but when you are poisoned and debilitated, there's not enough money in the world to buy back your health.

Toxic and Environmental Torts

Toxic and Environmental Torts
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.

Agent Orange on Trial

Agent Orange on Trial
Author: Peter H. Schuck
Publisher: Harvard University Press
Total Pages: 380
Release: 1987
Genre: History
ISBN: 9780674010260

Agent Orange on Trial is a riveting legal drama with all the suspense of a courtroom thriller. One of the Vietnam War's farthest reaching legacies was the Agent Orange case. In this unprecedented personal injury class action, veterans charge that a valuable herbicide, indiscriminately sprayed on the luxuriant Vietnam jungle a generation ago, has now caused cancers, birth defects, and other devastating health problems. Peter Schuck brilliantly recounts the gigantic confrontation between two million ex-soldiers, the chemical industry, and the federal government. From the first stirrings of the lawyers in 1978 to the court plan in 1985 for distributing a record $200 million settlement, the case, which is now on appeal, has extended the frontiers of our legal system in all directions. In a book that is as much about innovative ways to look at the law as it is about the social problems arising from modern science, Schuck restages a sprawling, complex drama. The players include dedicated but quarrelsome veterans, a crusading litigator, class action organizers, flamboyant trial lawyers, astute court negotiators, and two federal judges with strikingly different judicial styles. High idealism, self-promotion, Byzantine legal strategies, and judicial creativity combine in a fascinating portrait of a human struggle for justice through law. The Agent Orange case is the most perplexing and revealing example until now of a new legal genre: the mass toxic tort. Such cases, because of their scale, cost, geographical and temporal dispersion, and causal uncertainty, present extraordinarily difficult challenges to our legal system. They demand new approaches to procedure, evidence, and the definition of substantive legal rights and obligations, as well as new roles for judges, juries, and regulatory agencies. Schuck argues that our legal system must be redesigned if it is to deal effectively with the increasing number of chemical disasters such as the Bhopal accident, ionizing radiation, asbestos, DES, and seepage of toxic wastes. He imaginatively reveals the clash between our desire for simple justice and the technical demands of a complex legal system.

Toxic Tort Litigation

Toxic Tort Litigation
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.

Advanced Torts

Advanced Torts
Author: George C. Christie
Publisher: West Academic Publishing
Total Pages: 0
Release: 2012
Genre: Torts
ISBN: 9780314281821

This Advanced Torts Book is designed for a two or three hour tort course for students who have had a basic tort class and wish to pursue in-depth some of the important topics of tort law that are either not covered or not covered in much depth in their basic tort course. Unlike some advance torts texts that devote much of their attention to economic and business torts, products liability or toxic torts, this book offers materials on a number of areas: trespass and nuisance, economic torts, products liability, insurance, tort reform and non-tort compensation systems, intentional infliction of emotional distress, defamation, privacy, misuse of legal process and constitutional torts.

Reforming Products Liability

Reforming Products Liability
Author: W. Kip Viscusi
Publisher: Harvard University Press
Total Pages: 296
Release: 1991
Genre: Business & Economics
ISBN: 9780674753235

Drawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.