Toxic and Environmental Torts: Cases and Materials

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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Table of Contents

• 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.