The Likely Expansion Of Environmental Tort Claims

Law360, New York (June 16, 2010, 11:14 AM EDT) -- Several trends in toxic tort litigation are combining to expand the scope of cases, increase the number of defendants with potentially significant exposure and, perhaps most significantly, enlarge the size of some plaintiffs’ damages claims to extraordinary levels.

This article briefly summarizes three of these trends: (1) the use of product liability theories by plaintiffs other than product users to sue “deep pocket” manufacturers; (2) the use of common law theories to claim injuries even when applicable regulatory limits have not been violated; and (3) the...
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