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"Daigle V. Shell Oil Company" And The Bumpy Road To The Recoverability Of Medical Monitoring Expenses Under Cercla, Kristin E. Sweeney
"Daigle V. Shell Oil Company" And The Bumpy Road To The Recoverability Of Medical Monitoring Expenses Under Cercla, Kristin E. Sweeney
Vanderbilt Law Review
In 1980, President Carter signed the first hazardous waste cleanup bill into law.' The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) serves as a tool for government cleanup of hazardous waste sites, but those who anxiously waited for Congress to pass a hazardous waste cleanup bill were disappointed with the final bill. The proposed bill had been broadly compromised. The lack of legislative history indicates the rushed process through which Congress passed the bill. Like a game show contest- ant who must accept or reject what is behind the door without knowing exactly what it entails, the House had …
The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born
The National Implications Of Liability Reforms For General Liability And Medical Malpractice Insurance, W. Kip Viscusi, Patricia Born
Vanderbilt Law School Faculty Publications
The stabilization of the insurance market may lead to lower prices for products and for medical care, but will also generally lead to lower values of tort awards as well. If the social objective was simply to reduce losses, then that objective could be achieved by abolishing tort liability altogether. Our societal concerns are clearly much broader. In the absence of a more detailed assessment of the desirability of the reforms and their effect on injured parties, it would be premature to conclude that reform efforts that were successful in enhancing insurance market profitability should be judged a success from …