Toxic torts will continue to proliferate in our technologically driven society. As the public learns more about potential dangers (perceived or real) of substances which they may have been exposed to, plaintiffs are demanding redress in staggering numbers.

This book analyzes the developing trends in toxic tort litigation and is a practical source book for the toxic tort litigator.

This book contains four sections:

• The Fundamental Tools for Toxic Tort Litigators
• Procedural and Substantive Issues Germane to Toxic Tort Litigation
• The Toxic Torts
• Insurance Coverage Issues of Toxic Torts

The Fundamental Tools for Toxic Tort Litigators:

This section equips the toxic tort litigator with the practical skills and knowledge to be effective. An attorney dealing with toxic tort litigation must have a broad understanding of various disciplines. First, this section provides the practitioner with a fundamental understanding of toxicology, pathology, cytology, measurement science, industrial hygiene and chemicals. Then it discusses the human response to toxic exposure, including associated illnesses, injuries, diseases and deaths. The section concludes with a review of the laws, regulations, governmental bodies and private organizations that effect the adjudication of toxic tort exposure cases.

Procedural and Substantive Issues Germane to Toxic Tort Litigation:

This section outlines the judicial and administrative forums in which toxic torts are adjudicated. The quantity of toxic tort lawsuits that have been filed over the past decade has forced the judiciary to be creative in its handling of these claims. Thus, we review the judicial response to these mass claim filings by reviewing the standards for class actions and consolidations and the effects of the landmark Daubert decision. This section also examines the new types of damages that have arisen in toxic tort cases, such as fear of cancer, medical monitoring and perception/stigma damages.

The Toxic Torts:

If this textbook were a novel, this section would be the climax: an in-depth discussion of the individual emerging toxic torts. For each of the individual toxic torts addressed, the book answers the following questions:

1. What is the toxin?
2. Who are the players? (plaintiffs and defendants in the litigation)
3. What is the state of scientific knowledge regarding exposure and disease?
4. What are the theories of relief, injuries and damages claimed by plaintiffs?
5. What are the key defenses?
6. What are the seminal cases, regulations, recent jury verdicts and settlements?

Insurance Coverage Issues for Toxic Torts:

The final section addresses what is perhaps the most important issue from a practical perspective: Who pays the tab for toxic torts - the insured or the insurer? This section deals with insurance coverage issues that arise in toxic tort cases.

Please contact one of Litigation Forum’s member firms for more information on the Toxic Tort Law and Science Manual.