This work introduces the study of toxic torts and identifies the theories of liability related to both toxic products and environmental pollution. It also covers special defendants, such as employers, governmental entities, and government contractors; workers’ compensation; insurance coverage issues; key defenses such as statutes of limitations and preemption; causation and scientific evidence; and new theories of injury and damages. A chapter examines regulation of hazardous releases into the environment under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The work also addresses mass toxic torts and the procedural issues that accompany them. Substantial updates include liability for “take-home” toxins; sovereign immunity under the Federal Tort Claims Act and the government contractor defense; preemption of generic drug claims; and the any-exposure theory of causation.
In addition to the complete update, the Sixth Edition also contains new material on the following:
Bare metal defense in asbestos litigation
Impact of U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court on personal jurisdiction over drug manufacturers in product liability cases
Impact of U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins on standing
The 2018 proposed amendments to Fed. R. Civ. P. 23 covering class action notice and settlements