Download or read book The Role of Causation in Science as Law and Proposed Changes in the Current Common Law Toxic Tort System written by Clifford D. Fisher and published by . This book was released on 2003 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Getting to Causation in Toxic Tort Cases written by David E Bernstein and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the issue first arose in earnest in the 1970s, courts have struggled to create rules for causation in toxic tort cases that are both consistent with longstanding tort principles and fair to all parties. Faced with conflicting and often novel expert testimony, scientific uncertainty, the gap between legal and scientific culture, and unprecedented claims for massive damages, common-law courts needed time to adjust and accommodate themselves to the brave new world of toxic tort litigation. Eventually, however, courts around the country reached a broad consensus on what is required for a toxic tort plaintiff to meet his or her burden of proof. While there is a voluminous scholarly literature on various aspects of toxic tort litigation, this Article's unique contribution is to articulate the new consensus on causation standards, document and criticize the various ways plaintiffs attempt to evade these standards, and defend the courts' adherence to traditional notions of causation against their critics. Part I of this Article explains that to prove causation in a toxic tort case, a plaintiff must show that the substance in question is capable, in general, of causing the injury alleged, and also that exposure to the substance more likely than not caused his injury. When a plaintiff was exposed to a single toxin from multiple sources, to prove causation by a specific defendant the plaintiff must show that the actions of that defendant were a “substantial factor” in causing the alleged harm. Part II discusses plaintiffs' attempts to evade these standards by hiring experts to present various types of unreliable causation evidence. Examples of such evidence include testimony based on high-dose animal studies, anecdotal case reports, analogizing from the known effects of “similar” chemicals, preliminary epidemiological studies that have not been peer-reviewed, and differential etiologies used to “rule in” an otherwise unknown causal relationship. Additionally, when multiple defendants have contributed to the plaintiffs' exposure to a potentially toxic substance, plaintiffs often present experts who claim, with no reliable scientific grounding, that the level of exposure (“dose”) is irrelevant to causation. Part III of this Article argues that courts should be steadfast in requiring toxic tort plaintiffs to meet their burden of proof. Traditional tort principles require that plaintiffs bear the burden of proving actual causation by a preponderance of the evidence, not merely that they were exposed to a risk. To hold otherwise and essentially shift the burden to defendants to disprove causation would open the floodgates to all manner of speculative claims, with potentially devastating consequences for Americans' well-being. Similarly, with regard to cases in which a plaintiff alleges injury after exposure to a toxin from multiple sources, a given defendant may only be held liable if the plaintiff proves by a preponderance of the evidence that exposure to that defendant's products was a “substantial factor” in causing that injury. To hold otherwise would amount to an implicit adoption of a system of broad, collective liability that courts have rejected when the issue has been raised explicitly. This section concludes by discussing the negative consequences that arise from speculative toxic tort litigation unsupported by reliable scientific evidence.

Download or read book The Role of Science in Toxic Tort Litigation written by and published by . This book was released on 1989 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains articles on the sufficiency of evidence, expert witness testimony, remedies and damages, policy legislation, and the roles of toxicology, epidemiology and biostatistics.

Download or read book Causation in the Law written by Herbert Lionel Adolphus Hart and published by Oxford University Press. This book was released on 1959 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Victims of Environmental Harm written by Matthew Hall and published by Routledge. This book was released on 2013-03-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the increasing focus on climate change and environmental degradation has prompted unprecedented attention being paid towards the criminal liability of individuals, organisations and even states for polluting activities. These developments have given rise to a new area of criminological study, often called ‘green criminology’. Yet in all the theorising that has taken place in this area, there is still a marked absence of specific focus on those actually suffering harm as a result of environmental degradation. This book represents a unique attempt to substantively conceptualise and examine the place of such ‘environmental victims’ in criminal justice systems both nationally and internationally. Grounded in a comparative approach and drawing on critical criminological arguments, this volume examines many of the areas traditionally considered by victimologists in relation to victims of environmental crime and, more widely, environmental harm. These include victims’ rights, compensation, treatment by criminal justice systems and participation in that process. The book approaches the issue of ‘environmental victimisation’ from a ‘social harms’ perspective (as opposed to a ‘criminal harms’ one) thus problematising the definitions of environmental crime found within most jurisdictions. Victims of Environmental Harm concludes by mapping out the contours of further research into a developing green victimology and how this agenda might inform criminal justice reform and policy making at national and global levels.This book will be of interest to researchers across a number of disciplines including criminology, international law, victimology, socio-legal studies and physical sciences as well as professionals involved in policy making processes.

Download or read book The Age of Expert Testimony written by National Research Council and published by National Academies Press. This book was released on 2002-03-13 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal courts are seeking ways to increase the ability of judges to deal with difficult issues of scientific expert testimony. The workshop explored the new environment judges, plaintiffs, defendants, and experts face in light of "Daubert" and "Kumho," when presenting and evaluating scientific, engineering, and medical evidence.

Download or read book New York University Environmental Law Journal written by and published by . This book was released on 2002 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Harvard Law Review Volume 128 Number 8 June 2015 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2015-06-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review, June 2015, is offered in a digital edition. Contents include: • Article, “Active Avoidance: The Modern Supreme Court and Legal Change,” by Neal Kumar Katyal and Thomas P. Schmidt • Article, “The Invention of Low-Value Speech,” by Genevieve Lakier • Book Review, “Crown and Constitution,” by Tara Helfman • Note, “Causation in Environmental Law: Lessons from Toxic Torts” In addition, the issue features extensive student commentary on Recent Cases and policy positions, including such subjects as: corporate board of directors' duties in mergers under the Revlon doctrine; the propriety of a Delaware corporation's bylaws designating a non-Delaware exclusive forum; availability of habeas corpus review for sentencing error as to 'career offender' enhancement; whether remand orders can be vacated under Federal Rule of Civil Procedure 60(b)(3); whether housing providers can delay review of reasonable accommodations under fair housing law by requesting extraneous information; and, as to immigration law, analysis of the opinion by the Office of Legal Counsel endorsing President Obama's Executive Order on deferred action for parental accountability. Finally, the issue features summaries of Recent Publications, as well as a detailed and cumulative Index for all eight issues of Volume 128. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2300 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is June 2015, the eighth and final issue of academic year 2014-2015 (Volume 128). This quality digital edition from Quid Pro Books features active Contents, linked notes, active URLs in notes, and proper ebook and Bluebook formatting.

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Download or read book Stationary Source Air Pollution Law written by Arnold W. Reitze and published by Environmental Law Institute. This book was released on 2005 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide to air pollution law governing stationary sources is essential to fully deciphering, applying, and complying with this highly complex area of the law. Corporate counsel, attorneys for regulated sources, federal, state, and local compliance officials and prosecutors, technical consultants, teachers of environmental law, students, legislators, and environmental policymakers will all benefit from Professor Reitze's clear, extensive analysis. This work builds on Professor Reitze's earlier work, Air Pollution Control Law: Compliance and Enforcement, to provide expanded coverage of new source review, hazardous air pollutants, interstate air pollution control, preconstruction and operating permits, and enforcement issues. Whether you are new to environmental law or have considerable experience with the Clean Air Act, this book is an invaluable companion to working your way through the regulatory maze surrounding stationary sources.

Download or read book A Tale of Two Dauberts written by Rob Robinson and published by . This book was released on 2004 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Virginia Environmental Law Journal written by and published by . This book was released on 2003 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Current Law Index written by and published by . This book was released on 2007 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

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.

Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Hazardous Waste Contamination of Water Resources Compensation of Victims Exposed to Hazardous Wastes written by United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Investigations and Oversight and published by . This book was released on 1985 with total page 2048 pages. Available in PDF, EPUB and Kindle. Book excerpt: