Toxic and Environmental Torts: Cases and Materials - 2nd Edition - Rubin Kundis Craig

Toxic and Environmental Torts Cases and Materials 2nd Edition ISBN 9781684677566

The Second Edition of this casebook offers a comprehensive and integrated approach to both private and public law responses to toxic harms affecting individuals and the environment. It examines the capacity of various legal doctrines to address toxic tort claims, with a particular focus on how scientific evidence is used to establish causation. The casebook also delves into the distinctive features of workplace toxic exposure claims and explores the role of public law in managing environmental risks and how it intersects with private litigation.

Key topics include:

• Theories of liability and causation in toxic tort cases
• The role of scientific evidence in establishing exposure and harm
• Remedies unique to toxic exposure, such as medical monitoring
• Insurance and indemnity issues common in toxic tort litigation
• The influence of bankruptcy proceedings, multidistrict litigation, and class actions
• Regulatory frameworks and their interaction with private claims

Designed as an advanced-level resource, this edition stands alone as a timely and thorough introduction to the increasingly significant field of toxic tort and environmental law, bridging theory, practice, and policy.

Updates in New Edition:

• Incorporates analysis of key provisions from the Third Restatement of Torts throughout the book
• Adds a new section on breach of warranty as a remedy, along with updated discussions on using private and public nuisance law to address toxic harms
• Updates and expands coverage on specific and general causation, including a new section on the role of genetics, genomics, and molecular epidemiology in proving specific causation
• Introduces new material on market share liability and similar approaches to apportioning responsibility in multi-party cases
• Includes updated discussion on the admissibility of expert testimony, with attention to recent revisions to Federal Rule of Evidence 702
• Revises and expands coverage of major federal statutes, including RCRA, CERCLA, FIFRA, TSCA (featuring the 2016 TSCA amendments), and the FDCA
• Adds a “take-home asbestos” case to the discussion on the scope of liability and duty
• Substantially reworks the treatment of complex litigation, now emphasizing the central role of multidistrict litigation (MDL) in mass toxic tort resolution, and includes a new discussion on issue preclusion and collateral estoppel
• Replaces numerous principal cases with more recent decisions to reflect current legal developments and emerging issues
• Incorporates timely discussion of emerging contaminants, such as PFAS, at relevant points throughout the text

Craig, Gold, Green, Klein and Sanders Toxic and Environmental Torts Cases and Materials 2nd Edition ISBN 9781684677566 & 978-1684677566