Madden's Law of Environmental and Toxic Torts: Cases, Materials and Problems, 3d

By M. Stuart Madden

ISBN-13: 9780314156075

Availability: In Stock

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Series: American Casebook Series

Brand: West Law School

Pages: 1082

Components: 1 Print

Shelf Space: 2 in.

Free Update Period: 90 days

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Description

Focuses on the theories of liability that private plaintiffs may rely upon to recover for environmental or toxic harms. Presents special procedural problems of causation posed by Environmental and Toxic Torts. Addresses special harms that often relate to seeking recovery for future, but as yet unrealized, consequences of their exposure to toxic substances. Regards the role of state and federal statutes and regulations in private tort actions, including discussion of express and implied preemption and the Supreme Court decisions. Discusses proposals for reform of the tort system.

Features

Discusses decisions that have sought to balance federal regulations with law theories of recovery
Includes reported controversies such as the battle of Bendectin
Provides in-depth treatment of procedural problems of causation

Summary Of Contents

Introduction To Second Edition
Table Of Cases
Table Of Statutes And Regulations
Chapter
1. Overview: Conflicting Perspectives on the Adequacy of the Tort System
  1. Generally
  2. Special Characteristics of Environmental Tort Claims
2. Trespass Actions
  1. General Principles of Trespass
  2. Judicial Applications of Trespass
3. Nuisance: The Comprehensive Environmental Tort Theory
  1. Nuisance: An Introduction
  2. Public Nuisance
  3. Private Nuisance
4. Strict Liability for Abnormally Dangerous Activities and Other Theories
  1. Evolution of the Strict Liability Doctrine
  2. Restatement (Second) of Torts Standard of Liability
  3. Rationales for Imposing Strict Liability
  4. The Relationship Between Statutory and Common-Law Strict Liabilities
  5. Application of Nuisance, Trespass, Negligence, and Strict Liability to Vertical Relationships
  6. Misrepresentation As a Basis of Liability
5. Remedies and Compensable Interests
  1. Injunctions: The Comparative Injury Calculus
  2. Standards for Granting Injunctions: Balancing the Equities
  3. Damages for Injury to Real Property
  4. Damages to Persons and Present Liability for Prospective Harm
6. Environmental Statutory Regulation and the Common Law: Preemption and Implied Rights
  1. General Principles of Federal Preclusion and Enhancement of Private Rights
  2. State Judicial Considerations of Preemption: A Complementary Approach
  3. Negligence Per Se
7. Toxic Products, Processes and Services
  1. Introduction: Some General Principles
  2. Toxic Product Claims by Type
8. Causation
  1. Causation: Did the Toxic Substance Cause Plaintiff's Harm?
  2. Plaintiff Indeterminacy
  3. Did the Defendant Cause Plaintiff's Harm: The Indeterminate Defendant Problem
  4. Apportionment of the Harm or Damage
9. Workplace Injuries and Toxic Substances: Intersection of Workers' Compensation and Tort Liability
  1. Introduction to the Workers' Compensation System
  2. Avoiding the Exclusivity Bar
  3. Occupational Disease Acts
  4. Occupational Safety and Health Requirements
10. CERCLA: Liability and Compensation for Cleaning Up Hazardous Substances
  1. Overview of CERCLA
  2. Government Actions
  3. Parties Liable Under CERCLA
  4. Private Cost Recovery Actions
  5. Statutory Defenses to CERCLA Liability
  6. Allocating the Clean-Up Costs: Contribution Actions and Other Devices
  7. Indemnification Agreements
  8. Informational Importance of CERCLA
11. Insurance
  1. Introduction
  2. Insurance Coverage for Environmental and Toxic Torts
  3. Special Insurance Problems of Environmental Cleanups
12. Defenses
  1. Introduction
  2. Statutes of Limitation for Injury to Real Property
  3. Statutes of Limitation in Product and Occupational Exposure Cases
  4. Successive Actions and Statutes of Limitation
  5. Statutes of Repose
  6. Revival Statutes
  7. Contributory Fault/Assumption of the Risk in Real Property Actions
  8. Plaintiff's Conduct as a Bar in Toxic Products Cases
13. Special Problems in Trial Management and Settlement of Toxics Litigation
  1. Class Actions
  2. Other Aggregative or Disaggregative Procedures
  3. Asbestos Litigation: Classes, Consolidations, Bifurcations and Multidistrict Litigation
  4. Judicial Case Management
  5. Settlements
  6. Choice-of-Law Problems
  7. Judicial Management of Scientific and Technology Issues
Index