Toxic Tort Litigation


Book Description

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.




The Canadian Law of Toxic Torts


Book Description




Phosphate Fluorides Toxic Torts


Book Description

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


Book Description

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.




Advanced Torts


Book Description

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.




Toxic Tort Litigation


Book Description

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.




Discretionary Function


Book Description




Stringfellow Acid Pits


Book Description

Stringfellow Acid Pits tells the story of one of the most toxic places in the United States, and of an epic legal battle waged to clean up the site and hold those responsible accountable. In 1955, California officials approached rock quarry owner James Stringfellow about using his land in Riverside County, east of Los Angeles, as a hazardous dump site. Officials claimed it was a natural waste disposal site because of the impermeable rocks that underlay the surface. They were gravely mistaken. Over 33 million gallons of industrial chemicals from more than a dozen of the nation’s most prominent companies poured into the site’s unlined ponds. In the 1960s and 1970s, heavy rains forced surges of chemical-laden water into Pyrite Creek and the nearby town of Glen Avon. Children played in the froth, making fake beards with the chemical foam. The liquid waste contaminated the groundwater, threatening the drinking water for hundreds of thousands of California residents. Penny Newman, a special education teacher and mother, led a grassroots army of so-called “hysterical housewives” who demanded answers and fought to clean up the toxic dump. The ensuing three-decade legal saga involved more than 1,000 lawyers, 4,000 plaintiffs, and nearly 200 defendants, and led to the longest civil trial in California history. The author unveils the environmental and legal history surrounding the Stringfellow Acid Pits through meticulous research based on personal interviews, court records, and EPA and other documents. The contamination at the Stringfellow site will linger for hundreds of years. The legal fight has had an equally indelible influence, shaping environmental law, toxic torts, appellate procedure, takings law, and insurance coverage, into the present day.




Exploring Tort Law


Book Description

This is a collection of scholarship from the most influential contributors regarding Torts law.




Toxic Torts


Book Description

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.