Genetic Data in Toxic Tort Litigation

A Daubert motion: a legal strategy to exclude essential scientific evidence in toxic tort litigation.

In the US Supreme Court's Daubert v Merrell Dow Pharmaceuticals, Inc decision, federal judges were directed to examine the scientific method underlying expert evidence and admit that which is scientifically reliable and relevant. However, if a judge does not have adequate training or experience in dealing with scientific uncertainty, understand the full value or limit of currently used methodol...

Causal Inference in Epidemiology: Implications for Toxic Tort Litigation

Hormesis and toxic torts.

Policy implementation of hormesis has to date focused on regulatory applications. Toxic-tort litigation may provide an alternative policy venue for real-world applications of hormesis. Businesses and government entities, who are sued by individuals claiming to have been injured by exposure to very low levels of toxic substances may defend those cases by deploying hormesis to argue that such exp...

Mass Tort Mania The Effect of Saturation Advertising on Claims , Courts

54 ■ For The Defense ■ April 2017 ■ Michael Crist is a partner at DLD Lawyers with over 27 years of experience in product liability, toxic tort, and insurance defense litigation. He has been a member of trial teams in multiple states and has served as national coordinating and trial counsel. Mr. Crist has presented seminars and authored articles on a variety of topics and is a member of DRI. Ma...

Recent Trends In Environmental Nuisance Law

Law360, New York (November 17, 2015, 10:53 AM ET) -Nuisance has increasingly become the “tort of choice” for plaintiffs in environmental and toxic tort litigation. In addition to other tort claims at their disposal (e.g., strict liability, negligence, trespass), plaintiffs consistently tack on nuisance claims because of the perception that such claims are subject to less stringent legal standar...