Increased risk of disease damages: proportional recovery as an alternative to the all or nothing system exemplified by asbestos cases

Article Abstract:

The courts should use a system of proportional recovery to avoid the problems of over- and under-evaluating damages. Damages to plaintiffs with present injuries and significantly greater risk of future illness proportional to the degree of risk would eliminate the problems with the current approach. As to asbestos cases, the limited funds available would not be depleted by excessive damages to plaintiffs with greater risk of disease. Such a system could allow compensation to those injured by other toxic substances when their risk of future illness is less than 50%.

United States, Cases, Valuation, Damages, Damages (Law), Asbestos

---

Due process and the environmental lien: the need for legislative reform

Article Abstract:

The US District Court of Appeals for the 1st Circuit ruled in Reardon v United States that the EPA must provide property owners with adequate notice and an opportunity to be heard before granting itself a property lien to recover hazardous waste cleanup costs. The federal government and the 21 states who pursue environmental liens as a cleanup cost remedy under the CERCLA or state statutes must let lienees challenge their liability at administrative or judicial hearings before liens can take effect.

Analysis, Due process of law, Judicial review of administrative acts, Liens

---

Resurrecting an old cause of action for a new wrong: battery as a toxic tort

Article Abstract:

The traditional tort of battery may provide plaintiffs exposed to industrial pollutants with a viable cause of action to recover for personal injury. Despite proximate cause and dormant injury proof problems, a battery claim, by requiring proof only of harmful bodily contact, would allow plaintiffs to recover both general and punitive damages. Such proof is more difficult to obtain in actions based on workers compensation statutes or on trespass, nuisance, negligence or strict liability theories.

Assault and battery

Similar abstracts:

• Abstracts: Ethical dilemmas in HIV infection: what have we learned? Hospice care as an alternative to euthanasia
• Abstracts: Expedited arbitration and other innovations in alternative dispute resolution. Arbitration is okay
• Abstracts: Inadequate limits of coverage: protecting the insured while avoiding excess exposure. Reinsurers may face danger in direct involvement in cedant's underlying case
• Abstracts: Inadequate limits of coverage: protecting the insured while avoiding excess exposure. part 2 Insurers and agents beware: 'attachment statutes' enable insureds to obtain coverage despite misrepresentation
• Abstracts: This term, the Supreme Court held that punitive damages can be excessive. Now it's up to the lower courts to determine just how much is permissible

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.