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.

Toxic Tort and Environmental Matters

Toxic Tort and Environmental Matters
Author: American Law Institute-American Bar Association Committee on Continuing Professional Education
Publisher:
Total Pages: 365
Release: 1997
Genre: Actions and defenses
ISBN:

Law of Environmental and Toxic Torts

Law of Environmental and Toxic Torts
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.

Toxic Tort and Environmental Matters

Toxic Tort and Environmental Matters
Author: American Law Institute-American Bar Association Committee on Continuing Professional Education
Publisher:
Total Pages: 365
Release: 1997
Genre: Liability for environmental damages
ISBN:

Toxic Tort and Environmental Matters

Toxic Tort and Environmental Matters
Author: American Law Institute-American Bar Association Committee on Continuing Professional Education
Publisher:
Total Pages: 365
Release: 1997
Genre: Pollution liability insurance
ISBN:

Toxic Torts

Toxic Torts
Author: Carl F. Cranor
Publisher: Cambridge University Press
Total Pages: 431
Release: 2016-06-02
Genre: Law
ISBN: 1316790991

US tort law, cloaked behind increased judicial review of science, is changing before our eyes yet we cannot see it. While Supreme Court decisions have altered how courts review scientific testimony, the complexity of both science and legal procedures mask the resulting social consequences. Yet these consequences are too important to remain hidden. Mistaken court reviews of scientific evidence can decrease citizen access to the law, decrease incentives for firms to test their products, lower deterrence for harmful products, and decrease the possibility of justice for citizens injured by toxic substances. Even if courts review evidence well, increases in litigation costs and attorney screening of clients can impede access to the law. Newly revised and expanded, Toxic Torts, 2nd edition introduces these issues, reveals the relationships that can deny citizens just restitution for harms suffered, and shows how justice can be improved in toxic tort cases.

Environmental Protection and the Common Law

Environmental Protection and the Common Law
Author: John Lowry
Publisher: Bloomsbury Publishing
Total Pages: 300
Release: 2000-06-20
Genre: Law
ISBN: 1847310850

Within the broad framework of the common law of tort,the torts of nuisance and the rule in Rylands v. Fletcher are central to the protection of the rights of landowners to use and enjoy their land without unreasonable interference and to be free from material damage to their interests. Negligence actions can also serve to promote the protection of personal and property interests. Yet toxic torts are often seen as being beset by theoretical and practical drawbacks. Overall there are serious concerns about the continued value of common law principles as an effective and coherent system that is geared to protecting the environment. Environmental law is increasingly developing its own statutory regimes to address a range of environmental problems. This accentuates the sense in which the aims and reach of these two different branches of the law appear to be diverging. Questions inevitably arise about the inter-relationship between private law sphere of tort and public regulatory schemes. The contributors to this volume of essays include many of the UK's leading academics in the relevant fields of private and public law. While the essays are broadly based, the focus of the book is on the challenges posed by accommodating tort with environmental law.