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Author :
Publisher :
ISBN 13 :
Total Pages : 756 pages
Book Rating : 4.F/5 ( download)
Download or read book Environmental and Toxic Tort Matters written by and published by . This book was released on 2008 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : M. Stuart Madden
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 1096 pages
Book Rating : 4.F/5 ( download)
Download or read book Law of Environmental and Toxic Torts written by M. Stuart Madden and published by West Academic Publishing. This book was released on 2005 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
ISBN 13 : 9781684677566
Total Pages : 0 pages
Book Rating : 4.6/5 (775 download)
Download or read book Toxic and Environmental Torts written by Robin Craig and published by West Academic Publishing. This book was released on 2024-07-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : M. Stuart Madden
Publisher : CRC Press
ISBN 13 : 1351094254
Total Pages : 223 pages
Book Rating : 4.3/5 (51 download)
Download or read book Toxic Torts Deskbook written by M. Stuart Madden and published by CRC Press. This book was released on 2018-01-18 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Robin Kundis Craig
Publisher : West Academic Publishing
ISBN 13 : 9780314926944
Total Pages : 0 pages
Book Rating : 4.9/5 (269 download)
Download or read book Toxic and Environmental Torts written by Robin Kundis Craig and published by West Academic Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This completely new casebook provides an integrated approach to private and public law responses to toxic insults to individuals and to the environment. The principal competing casebook focuses on procedural issues, whereas this book focuses on the substance of toxics in a deep way, exploring--among other issues--the difficulties of employing various scientific methods to address the question of causation. This book carefully considers the role of public law, both in controlling risks and its interaction with private law.
Author : Allan Kanner
Publisher :
ISBN 13 :
Total Pages : 678 pages
Book Rating : 4.F/5 ( download)
Download or read book Environmental and Toxic Tort Trials written by Allan Kanner and published by . This book was released on 2001 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Carl F. Cranor
Publisher : Cambridge University Press
ISBN 13 : 1316790991
Total Pages : 431 pages
Book Rating : 4.3/5 (167 download)
Download or read book Toxic Torts written by Carl F. Cranor and published by Cambridge University Press. This book was released on 2016-06-02 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : JEAN MACCHIAROLI. EGGEN
Publisher : West Academic Publishing
ISBN 13 : 9781685616410
Total Pages : 0 pages
Book Rating : 4.6/5 (164 download)
Download or read book Toxic Torts in a Nutshell written by JEAN MACCHIAROLI. EGGEN and published by West Academic Publishing. This book was released on 2023-09-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : D. Alan Rudlin
Publisher : American Bar Association
ISBN 13 : 9781590317341
Total Pages : 518 pages
Book Rating : 4.3/5 (173 download)
Download or read book Toxic Tort Litigation written by D. Alan Rudlin and published by American Bar Association. This book was released on 2007 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Gary Z. Nothstein
Publisher : McGraw-Hill Companies
ISBN 13 :
Total Pages : 1016 pages
Book Rating : 4.:/5 (43 download)
Download or read book Toxic Torts written by Gary Z. Nothstein and published by McGraw-Hill Companies. This book was released on 1984 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise covers toxic tort issues from recognition & evaluation of hazardous substances to the applicability of correlative statues & regulations. The interface between OSHA, NIOSH, FDA, TSCA, & RCRA regulations, & violations & effects on strict liability are discussed in the work.
Author : Arthur F. Foerster
Publisher : American Bar Association
ISBN 13 : 9781627221276
Total Pages : 0 pages
Book Rating : 4.2/5 (212 download)
Download or read book Toxic Tort Litigation written by Arthur F. Foerster and published by American Bar Association. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Charles Pugh
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.F/5 ( download)
Download or read book Toxic Torts written by Charles Pugh and published by . This book was released on 1992 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 752 pages
Book Rating : 4.F/5 ( download)
Download or read book A Guide to Toxic Torts written by and published by . This book was released on 1987 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cary R. Perlman
Publisher : American Bar Association
ISBN 13 : 9781604423679
Total Pages : 630 pages
Book Rating : 4.4/5 (236 download)
Download or read book Environmental Litigation written by Cary R. Perlman and published by American Bar Association. This book was released on 2009 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of what qualifies as environmental litigation is huge, while at the same time, this area is growing rapidly as a result of evolving issues such as climate change litigation. The authors examine the most critical issues in specialized litigation, including global climate change, litigating government enforcement matters in both the civil and criminal context, citizen-suit actions, toxic tort and pesticide litigation, natural resources damages claims, and insurance as a source of recovery.
Author : Donald J. Hirsch
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.F/5 ( download)
Download or read book Environmental and Toxic Tort Defense written by Donald J. Hirsch and published by . This book was released on 1989 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Janet S. Kole
Publisher : Section of Litigation American Bar Association
ISBN 13 :
Total Pages : 374 pages
Book Rating : 4.F/5 ( download)
Download or read book Environmental Litigation written by Janet S. Kole and published by Section of Litigation American Bar Association. This book was released on 1999 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard Stroup
Publisher : Transaction Pub
ISBN 13 : 9780765806185
Total Pages : 333 pages
Book Rating : 4.8/5 (61 download)
Download or read book Cutting Green Tape written by Richard Stroup and published by Transaction Pub. This book was released on 2000 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hundreds of hazardous waste sites are on the Superfund National Priority List in the United States, and thousands more could become eligible. The Superfund has spent or ordered the spending of billions of dollars, with little apparent impact on human health risks. While public perception of the real or imagined hazardous nature of consumer and industrial substances has resulted in widespread attention to the issue, lawsuits have proliferated with liability aimed at "deep pockets" instead of individual agents who may be responsible. Contributors to Cutting Green Tape carefully examine the existence and severity of the toxic harms and liability problem, the erosion of a clear tort legal system to settle disputes, and whether a clearly defined system of property rights could be developed to reduce the dangers from toxic substances. Cutting Green Tape rethinks the nature and impact of today's environmental bureaucracy. Rather than continue unworkable, cumbersome, and often contradictory regulations, Cutting Green Tape prescribes a clearer tort legal system to settle disputes and demonstrates that clearly defined environmental property rights would reduce the threat of toxic substances. Among the many topics addressed are: air toxins policy; pollution, damages, and tort law; risk assessment, insurance, and public information; protecting groundwater; regulation of carcinogens; contracting for health and safety; and toxin torts by government. The book converges on a central theme: when common law remedies, with their burden of proof and standards of evidence, are replaced by the legislatively mandated regulatory regimes described, a problem emerges. The bureaucratic "tunnel vision" described by Justice Stephen Breyer, tends to take over. The police powers of the state are given to bureaucratic decision makers who are limited only by the blunt instrument of political influence, rather than by the need to show harm or wrongdoing in an unbiased court (as the police are), or by a budget on expenditures set by the Congress (as most bureaus are). The excesses described in the chapters thus result not from incompetence in the bureaus, but from the expansive powers granted to decision makers who are tightly focused on the narrow mission they see before them.
