Toxic Torts Deskbook

INTRODUCTION. Generally. Special Characteristics. Role of Expert Scientific or Medical Testimony. Relationship to Environmental Law. PARTIES. Plaintiffs. Defendants. OVERVIEW OF TOXIC TORTS-THE THEORIES COMPARED. Generally. Nuisance and Trespass. Negligence. Warranty. Strict Tort Liability. Intentional Torts. NUISANCE AND TRESPASS. Nuisance, Generally. Elements. Nature of the Interest Interfered with. Public Nuisance. Trespass. NEGLIGENCE. Generally. Negligence Distinguished from Other Claims. The Actor's Duty of Ordinary Care Under the Circumstances. Breach of Duty. Damages-The Economic Loss Rule. WARRANTY. Generally. Express Warranties. Implied Warranty of Merchantability. To Whom Warranties Run. Warranty Disclaimers and Limitations. STRICT TORT LIABILITY. Generally. Elements. Unreasonably Dangerous, Defective Condition. Defenses. LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES. Generally. Restatement, Second, Torts §§ 519, 520. THE DUTY TO WARN. Generally. The Duty to Warn Under Different Claims. Effect of Obviousness of Risk. Causation. Professional, Sophisticated, or Knowledgeable Users. Adequacy of Warning. Defenses. CAUSATION. Generally. Burden of Proof and Need for Expert Opinion. Proximate Cause. Identification of Defendant. NON-EXPERT EVIDENCE IN A TOXIC TORT CASE. Generally. Time of Existence of Defect. Other Accidents or Injuries. Other Exposure. Published Reports. Documentary Summaries. Post-Incident Remedial Measures. Compliance with a Statute or Regulation. Failure to Comply with a Statute or Regulation. Discovery. EXPERT EVIDENCE. Generally. Various Forms of Expert Causation Evidence. Basis for Expert Opinion. CITIZEN SUITS UNDER FEDERAL OR STATE STATUTES. Generally. Prerequisites to a Citizen Suit. Procedural Requirements. DEFENSES. Rebuttal and Affirmative Defenses, Generally. Comparative Fault Statutes. Limited Immunity of Government Contractors. Preemption, Generally. Issue Preclusion. LIMITATIONS OF ACTIONS. Generally. Tolling Statutes of Limitations. JURISDICTION AND CONFLICTS OF LAW. Generally. Long Arm Jurisdiction. Procedural Challenges. Conflicts of Law. CONTRIBUTION AND INDEMNITY. Indemnity, Generally. Contribution, Generally. Parties to an Indemnification Claim. Vouching In. DAMAGES. Compensatory. Special Damages. Economic Loss. Punitive Damages. PRODUCTS BY CLASS. Generally. Industrial or Manufacturing Substances. Petrochemicals and Petroleum-Based Products. Asbestos. Radiation. Pesticides, Fungicides and Rodenticides. Medical, Dental and Biological Products. Residential Hazards. INSURANCE. The Comprehensive General Liability Policy. The Pollution Exclusion. Coverage for "Duty to Warn" Claims.

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