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This updated second edition of the original authority on toxic torts, Toxic Torts Practice Guide, builds on the strengths of the first. It covers the scientific underpinnings of toxic torts, how to structure a case from either the plaintiff's or defendant's perspective, as well as issues in establishing proof of exposure, injury, and causation.
You will find traditional toxic tort topics, such as theories of liability, discovery, damages, class actions, citizen suits, workers' compensation, common law causes of actions, CERCLA and RCRA strategies, the effect of Daubert and Frye on expert testimony, and the role of insurance, as well as cutting-edge issues – biomarker evidence of injury and exposure, seller disclosure of clandestine meth labs, landlord lead paint liability, employer liability in take-home asbestos exposure – plus an expanding section on pharma torts including SSRI suicidally claims. Features of the second edition include:
- How to structure a toxic tort case from either the plaintiff or defendant's perspective
- Overview of scientific principles underlying toxic torts
- The effect of Daubert and Frye on the admissibility of expert testimony including differential diagnosis
- Review of the "any exposure" asbestos cases
- Thorough coverage of take-home asbestos cases, including negligence and strict liability theories
- Overview of biomarkers and their use as evidence of exposure and injury
- How the U.S. Court of Federal Claims has handled the vaccine cases
- Expanding section on pharma torts including thorough coverage of SSRI suicidally claims
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