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Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Toxic Torts And Chapter 11 Reorganization:The Problem Of Future Claims, Anne Hardiman
Vanderbilt Law Review
Recently, the toxic tort phenomenon has emerged as a vital concern to manufacturers, employers, and consumers as Agent Orange,' DES, Dalkon Shield, and asbestos victims have litigated toxic tort claims. Toxic torts are unique because any number of victims may be exposed to a toxic substance from which they may contract a disease as far as twenty years in the future. Toxic tort claims typically involve large sums of money and an inestimable number of plaintiffs. The potential for tremendous, financially crippling, liability for these injuries has prompted some asbestos companies to file for reorganization under Chapter 11 of the …
The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks
The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks
Vanderbilt Law Review
The development of common-law tort liability, especially since the late 1950s and early 1960s, has broken many of the barriers to plaintiff recovery. The abrogation of the privity requirement, the evolution of the discovery rule, and the advent of strict liability were primary agents in this "assault upon the citadel."' These developments have threatened many potential tort defendants, particularly members of the manufacturing and construction industries and the medical profession. In response to lobbying pressure from these groups, many state legislatures have adopted measures to limit tort recoveries. One of the measures most popular among defendants has been the enactment …