Toxic Torts in a Nutshell
Author:
Eggen, Jean Macchiaroli
Edition:
6th
Copyright Date:
2019
2 chapters
have results for nanotechnology
Chapter 2 Theories of Liability: Products 19 6 results (showing 5 best matches)
- Nanotechnology is becoming more pervasive as new products and applications appear. What is nanotechnology? The National Nanotechnology Initiative (NNI) provides the following definition:
- Nanotechnology is the understanding and control of matter at dimensions between approximately 1 and 100 nanometers, where unique phenomena enable novel applications. Encompassing nanoscale science, engineering, and technology, nanotechnology involves
- Currently, little is known about the health impacts of nanotechnology, however. The nature, etiology, and latency period of any conditions that exposure to nanomaterials may cause, while suspected, are largely unknown. Thus, looking at nanotechnology through the prism of toxic torts, everything from exposure to injury to scientific proof remains uncertain, and all issues are on the table.
- . According to NNI, a nanometer is about one billionth of a meter. NNI lists developing uses as diverse as cancer diagnosis and treatment, nerve regeneration, efficient solar energy, and both industrial and consumer product enhancement. Thus, nanoparticles are frequently part of product design to make the product more useful and convenient. Notwithstanding this burst of technological ingenuity, the study of the impact of nanotechnology on human health and the environment is still in its infancy, and nanotechnology is largely unregulated in the United States. As an emerging technology with unknown risks, nanotechnology is likely to follow the path of other toxic torts in the areas of both private law and public law.
- Nanotechnology
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- Publication Date: October 25th, 2018
- ISBN: 9781640202368
- Subject: Toxic Torts/Hazardous Materials
- Series: Nutshells
- Type: Overviews
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Description:
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
- Talc litigation
- Opioid 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
- Flint, Michigan, contaminated water litigation
- PFOA/PFOS litigation