Legal Implications Of New Cancer Causation Theories
August 11, 2011, 11:44 AM EDT
Law360, New York (August 11, 2011, 11:44 AM EDT) -- The scientific and legal theories of carcinogenesis are intertwined, but not always synchronized. American courts are not monolithic and disagreements among judges in the same courthouse are not uncommon. Perhaps this is the reason that many courts seem to relax some of the procedural, evidentiary and substantive elements of legal causation in cancer cases. They tend to favor the status quo over acceptance of newer scientific theories of causation.
Whatever the reasons — docket pressures created by thousands of similar cases, or social policies meant to...