Toxic tort law
remains one of the most dynamic and provocative areas of the law, he says, and is truly evolving a new jurisprudence that is not entirely tort law, environmental law, or science law.
Robert Blomquist, Emerging Themes and Dilemmas in American Toxic Tort Law, 1988-1991: A Legal--Historical & Philosophical Exegesis, 18 S.
Typically, toxic tort laws impose strict liability on the responsible party whereby the claimant is entitled to recover not only the immediate costs, but also future damages that result from the incident.
Jean Macchiaroli Eggen, The Synergy of Toxic Tort Law
and Public Health: Lessons from a Century of Cigarettes, 41 CONN.
plaintiffs to attain late-stage injury, toxic tort law may actually
genomic revolution for the future of toxic tort law.
plaintiffs to reach this stage, toxic tort law may actually discourage
A previous version of this paper was discussed at the UCLA Law and Philosophy Discussion Group, the Duke Law School Conference on Causation in Toxic Tort Law, and the University of California, Riverside, Philosophy Department.
Two of the leading cases in this reform effort have been in the field of toxic tort law.
The consequence, according to some observers,  is that toxic tort law is being reformulated in the federal courts to the advantage of defendants, a result that accords with Justice Jackson's predictions about the impact an evidentiary change may have.
12] This recasting of toxic tort law, which is being fueled by the trilogy on expert proof, is consistent with other developments in the federal courts that demonstrate an increased emphasis on efficiency and economy, procedural goals so powerful that they have reshaped both the evidentiary and the substantive law pertaining to toxic torts.
The courts' assumption that they are not constrained by state law has greatly increased the power of federal judges to reshape toxic tort law.