Inchoate Toxic Injury: Lessons For Defense Counsel
Law360, New York (July 18, 2008, 12:00 AM EDT) -- Recently, the court overseeing the decade-old Avila et al. v. Willits Environmental Remediation Trust et al. (No. 99-3941 N.D. Calif.) litigation dismissed the claims of a group of plaintiffs who were unable to make a prima facie showing of either exposure or injury due to alleged toxic emissions from a now-shuttered hydraulic equipment facility in Willits, Calif.
Their dismissal deals another blow to the viability of “inchoate toxic injury” claims such as medical monitoring and toxic trespass.
These are claims that are premised on chemical exposure...