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Toxic and Environmental Torts: Cases and Materials
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.
Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 08/15/2024
Related Subject(s): Torts, Torts-Advanced
Robin Kundis Craig, University of Kansas School of Law
Steve C. Gold, Rutgers Law School-Newark
Michael D. Green, Washington University School of Law
Andrew Klein, Wake Forest University School of Law
Joseph Sanders, University of Houston Law Center
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- Incorporates discussions of various provisions in the Third Restatement of Torts throughout the book.
- Adds a section on breach of warranty as a remedy and updates the ongoing efforts to use private and public nuisance law to address toxic injuries.
- Updates materials on specific and general causation and adds a new section on the role of genetics, genomics and molecular epidemiology in the proof of specific causation.
- Adds new material on efforts to use market share liability and similar remedies in the multi-party context.
- Discusses the latest developments in the admissibility of expert testimony, including recent revisions to Federal Rule of Evidence 702.
- Provides updated materials on numerous federal statutes, including RCRA and CERCLA, FIFRA, TSCA (with materials on the 2016 TSCA reforms), and the FDCA.
- Adds a “take-home asbestos” case in the discussion on the scope of liability.
- Substantially reworks the discussion of complex litigation, now with a focus on the importance of MDL proceeding in the resolution of mass toxic torts as well as a new discussion of issue preclusion and collateral estoppel.
- Throughout, replaces a number of principal cases with more recent court opinions reflecting current law or contemporary issues.
- Incorporates discussion of emerging contaminants such as PFAS at appropriate points.
Learn more about this series.
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