Thomson Reuters (Westlaw)

Toxic Torts Practice Guide, 2d


The second edition builds on the strengths of the first: introduction to toxic torts, structuring a case, recourse and damages, and role of insurance, lender, and municipality in liability. This expanded edition reflects major developments in toxic tort law and practice. You’ll find these topics covered CERCLA/Superfund program structure, when parties are liable under CERCLA, recent cases and regulations concerning remedial investigations and feasibility studies, responding to §106 Orders, pollution exclusions, and when an insurer's duty to defend and/or indemnify is triggered, excluding expert testimony after the Supreme Court's Daubert decision, and how some states handle toxic torts.

Authors / Editors:
List Price for Set: $1,001.00

Product Details

Brand: Clark Boardman Callaghan
Components: 2 Print
Free Update Period: 90 Days

Summary Of Contents

  • Introduction to Toxic Tort Litigation
  • Defining Toxic Torts
  • Casual Factors in Toxic Torts
  • The Role of Epidemiologists and Biostatisticians
  • Products Liability and Toxic Torts
  • What Common Law Causes of Action Exist?
  • Superfund Practice Issues
  • The Resource Conservation and Recovery Act (RCRA)
  • What Roles Do Other Federal and State Statutes Play?
  • Citizen`s Suits Under Environmental Statutes
  • The Role of State Legislation
  • Who Should Be Named Parties?
  • How is the Plaintiff`s Case Pleaded?
  • Class Actions
  • Burdens of Proof
  • Expert Witnesses
  • Discovery Issues
  • How Can Government Information Be Utilized?
  • Joint Liability
  • How Do Occupational Safety and Toxic Tort Remedies Interrelate?
  • Transportation Accident Cases
  • Worker`s Compensation and Toxic Torts
  • Damages in Toxic Tort Litigation
  • When Is Recovery Available for Future Harm?
  • Natural Resource Damage Claims
  • What Defenses Are Available?
  • Liability of Secondary Contributors
  • What Factors Are Considered in Settlements?
  • Managing the Plaintiff`s Case
  • Managing the Toxic Tort Defense
  • How Should In-house Counsel Manage the Defense?
  • What Is the Role of Insurance in Toxic Tort Cases?
  • Municipalities` Liability for Toxic Torts
  • Lender Liability
  • What Role Does Toxic Tort Exposure Play in Real Estate Transaction?
  • How Does California Handle Toxic Torts?
  • How Does Florida Handle Toxic Torts?
  • How Does Texas Handle Toxic Torts?
  • How Does New Jersey Handle Toxic Torts?
  • Junk Science in the Courtroom

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