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Full-Text Articles in Law
The Synergy Of Toxic Tort Law And Public Health: Lessons From A Century Of Cigarettes, Jean M. Eggen
The Synergy Of Toxic Tort Law And Public Health: Lessons From A Century Of Cigarettes, Jean M. Eggen
Jean M. Eggen
Toxic torts is a relatively new area of the law, but its seeds were sown a century ago with developments in modern culture. The design, manufacture, and marketing of the cigarette constituted one such development, one with far-reaching legal consequences which continue to challenge the legal system today. This article is built around Allan M. Brandt's 2007 public health history of cigarettes, THE CIGARETTE CENTURY. It uses Brandt's book as a stepping stone to a broader discussion of current critical issues in toxic tort law. The article begins with a review of the book, then moves into a discussion of …
Toxic Torts At Ground Zero, Jean M. Eggen
Toxic Torts At Ground Zero, Jean M. Eggen
Jean M. Eggen
Of all the injuries from the terrorist attacks of September 11, 2001, legal analysts have accorded the least attention to the health effects of exposure to toxic substances by workers, residents, and other community members in the vicinity of Ground Zero. Although the health issue was raised with the Environmental Protection Agency (EPA) in the immediate post-September 11 period, EPA showed surprisingly little concern for the potential health threats. In the years that followed, health studies have confirmed, however, that the fears of widespread contamination of the environment in and around Ground Zero were in fact warranted. In the aftermath …
Toxic Torts And Causation: The Challenge Of Daubert After The First Decade, Jean M. Eggen
Toxic Torts And Causation: The Challenge Of Daubert After The First Decade, Jean M. Eggen
Jean M. Eggen
No abstract provided.
Understanding State Contribution Laws And Their Effect On The Settlement Of Mass Tort Actions, Jean M. Eggen
Understanding State Contribution Laws And Their Effect On The Settlement Of Mass Tort Actions, Jean M. Eggen
Jean M. Eggen
A common feature of mass tort litigation involves the situation in which some defendants settle with the plaintiff prior to trial, with the plaintiff proceeding to trial and winning a favorable judgment against the nonsettling defendants. In such situations, most states apply a credit, or set-off, of a certain amount against the plaintiff's recovery to account for the prior settlement. Different set-off rules can yield dramatically different results, in terms of both the plaintiff's recovery and the defendants' liabilities, including the right to seek contribution. The approaches that the states take to these matters are fragmented and inconsistent. This article …
Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen
Toxic Torts, Causation, And Scientific Evidence After Daubert, Jean Eggen
Jean M. Eggen
No abstract provided.
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean M. Eggen
Toxic Reproductive And Genetic Hazards In The Workplace: Challenging The Myths Of The Tort And Workers' Compensation Systems, Jean M. Eggen
Jean M. Eggen
This article discusses how various scientific studies suggest a causal connection between workers' reproductive and genetic injuries and their exposure to toxic substances in the workplace. Because of conflicts between scientific and legal causation standards, workers and affected family members often cannot prove a sufficient causal connection between toxic exposure and ensuing injury to recover under existing workers' compensation laws and the common law of torts. This article reviews the problems inherent in both the workers' compensation and torts systems in handling occupational diseases claims. It proposes some specific reforms to improve the availability of these relief mechanisms for toxic …
Fashioning Procedural And Substantive Due Process Arguments In Toxic And Other Tort Actions Involving Punitive Damages After Pacific Mutual Life Insurance Co. V. Haslip, James R. May
James R. May
This article predicted that one of the most important issues in future tort litigation would be the role of the Due Process Clause of the Fourteenth Amendment in constraining the imposition of punitive damages by state court juries. In Pacific Mutual Life Insurance Co. v. Haslip, the Supreme Court found that the Due Process Clause of the Fourteenth Amendment limits, but does not prohibit, the imposition of punitive damages. The article argues that procedural due process would be protected by giving the jury adequate guidance on the nature and purpose of punitive damages, by using post-verdict judicial review to assure …