Chemical Exposures: Low Levels and High Stakes, Second Edition
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Getting to Causation in Toxic Tort Cases
GETTING TO CAUSATION IN TOXIC TORT CASES David E. Bernstein, Professor, George Mason University School of Law Brooklyn Law Review, Vol. 74, No. 1, pp. 51-74, Fall 2008 George Mason University Law and Economics Research Paper Series 09-66 This paper can be downloaded without charge from the Social Science Research Network at http://ssrn.com/abstract_id=1524552 Getting to Causation in Toxic Tort Cases David E. Bernstein† INTRODUCTION Since the issue first arose in earnest in the 1970s, courts have struggled to create rules for causation in toxic tort cases1 that are both consistent with longstanding tort principles and fair to all parties. Faced with conflicting and often novel expert testimony, scientific uncertainty, the gap between legal and scientific culture, and unprecedented claims for massive damages, common-law courts needed time to adjust and accommodate themselves to the brave new world of toxic tort litigation. Eventually, however, courts around the country reached a broad consensus on what is required for a toxic tort plaintiff to meet his or her burden of proof. While there is a voluminous scholarly literature on various aspects of toxic tort litigation, this Article’s unique contribution is to articulate the new consensus on causation standards, document and criticize the various ways plaintiffs attempt to evade these standards, and defend the courts’ adherence to traditional notions of causation against their critics. Part I of this Article explains that to prove causation in a toxic tort case, a plaintiff must show that the substance in question is capable, in general, of causing the injury alleged, and also that exposure to the substance more likely than not caused his injury. -
The Use of Genetic Evidence to Defend Against Toxic Tort Claims—Part I
The Use of Genetic Evidence to Defend Against Toxic Tort Claims—Part I By Susan E. Brice and Dr. Whitney V. Christian “Most common complex diseases are believed to be the disease. The final parts of the article, which will appear result of the combined effect of genes, environmental fac- in upcoming issues of Intellectual Property & Technolo- tors and their interactions.”1 gy Law Journal, will explore genetic data and toxic tort Toxic tort cases generally involve claims that an individ- law, genetic biomarkers, genomics and toxicogenomics, ual was harmed as a consequence of exposure to a chemi- epigenetics, and tools for understanding causation at the cal(s) (including a medication). These cases can be particu- genomic level. larly difficult to litigate because of the challenges presented by demonstrating or disproving causation. Because we do The Toxic Tort Case not fully understand the extent to which a chemical expo- “The term ‘toxic tort’ refers to circumstances under sure can affect a particular individual, experts typically of- which plaintiffs attempt to prove that they suffered harm fer opinions based on the general risk posed to the plaintiff as a result of exposure to a substance.”2 The term applies in by the exposure in question. Judge and juries find this lack a “variety of cases, ranging from exposure to harmful exter- of plaintiff-specific evidence unsatisfying. nal substances, such as asbestos or nuclear material, to the This multi-part article explores how genetic and epigen- adverse affects [sic] of substances deliberately ingested into etic biomarkers of cause and effect can be used to fill this the body, including prescribed medicines.”3 Accordingly, gap for defendants. -
Toxic Torts: Workable Defenses Available to the Corporate Defendant
Volume 28 Issue 6 Article 7 1982 Toxic Torts: Workable Defenses Available to the Corporate Defendant Robert St. Leger Goggin Thomas A. Brophy Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the Business Organizations Law Commons, and the Torts Commons Recommended Citation Robert S. Goggin & Thomas A. Brophy, Toxic Torts: Workable Defenses Available to the Corporate Defendant, 28 Vill. L. Rev. 1208 (1982). Available at: https://digitalcommons.law.villanova.edu/vlr/vol28/iss6/7 This Symposia is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Goggin and Brophy: Toxic Torts: Workable Defenses Available to the Corporate Defenda [Vol. 28: p. 1208 TOXIC TORTS: WORKABLE DEFENSES AVAILABLE TO THE CORPORATE DEFENDANT ROBERT ST. LEGER GOGGINt THOMAS A. BROPHYt TABLE OF CONTENTS I. PREFACE ............................................... 1209 II. INTRODUCTION ......................................... 1210 III. THE OBVIOUS DEFENSES ............................... 1216 A. Statute of Limitations ................................ 1216 B. M edical Causation ................................... 1226 C. Product Zdentication ................................. 1235 IV. THE PRODUCT-RELATED DEFENSES .................... 1244 A. Defective/Unsafe Products ............................ 1245 B. Duty to Warn/State -
Toxic Tort and the Articulation of Environmental Risk
Law Text Culture Volume 12 The Protection of Law Article 6 2008 Toxic Tort and the Articulation of Environmental Risk J. Goodie Follow this and additional works at: https://ro.uow.edu.au/ltc Recommended Citation Goodie, J., Toxic Tort and the Articulation of Environmental Risk, Law Text Culture, 12, 2008. Available at:https://ro.uow.edu.au/ltc/vol12/iss1/6 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Toxic Tort and the Articulation of Environmental Risk Abstract Ten women who work in ABC television news studios and offices inoowong T Brisbane Australia, have developed invasive breast cancer within a relatively short period of time, one of the first diagnoses being in 2002 (Swan 2007). The unhappy coincidence of ten women in the same workplace developing breast cancer is disturbingly insidious. Initial investigations were not able to identify a cause or explanation. A subsequent, very thorough inquiry led by Professor Bruce Armstrong has not been able to identify the specific cause of the breast cancer either, but it has found that the Brisbane ABC studios present an unequivocal risk to health. The incidence of breast cancer in women working at the studios was not considered random or coincidental, it was found to be ten times the expected rate (Armstrong 2006). The studios have now been abandoned, and all ten cases of breast cancer have been designated a rare ‘cancer cluster’ (Swan 2007). This journal article is available in Law Text Culture: https://ro.uow.edu.au/ltc/vol12/iss1/6 Toxic Tort and the Articulation of Environmental Risk Jo Goodie Introduction — Our risk anxiety made real Ten women who work in ABC television news studios and offices in Toowong Brisbane Australia, have developed invasive breast cancer within a relatively short period of time, one of the first diagnoses being in 2002 (Swan 2007). -
Quality. Service. Commitment to Excellence
Quality. Service. Commitment to Excellence. www.gamweregood.com Since 1976 Our Philosophy and Mission The GAM Philosophy Since 1976, we have delivered high impact graphics, marketing messaging, advertisements, and print collateral at a fair price and with a quick turn. It’s no surprise, then, that we enjoy many long-term, mutually beneficial relationships with our customers. We are consistent, effective, and responsive. The GAM team is our greatest asset. We are committed to providing our highly-skilled staff with all the latest technology to produce the results customers deserve and expect, and a workplace that promotes professional growth and stimulates personal achievement. Community Involvement We are committed to contributing our time and talent to the communities we serve and supporting the organizations that assist the underserved in our area. Our heartfelt goal is to create a positive impact on our community, particularly for those in need. Giving back is not a chore. It is a privilege. Call us today to learn more about how GAM can make a positive difference in your business. 703.450.4121 Our History For the client already familiar with GAM Graphics and Marketing, it comes as no surprise when they see first-time customers become long-time clients. But where did the name come from, and who started what was to become a powerhouse, go-to company for creative, print and marketing needs? In the mid-1970s, Charles “Charlie” Grant founded Grace Christian Academy in Sterling, Virginia. Not withstanding his determination to give students a well-rounded, Christian- based education, Charlie wanted his young charges to graduate with marketable job skills. -
JACKSON-THESIS-2016.Pdf (1.747Mb)
Copyright by Kody Sherman Jackson 2016 The Thesis Committee for Kody Sherman Jackson Certifies that this is the approved version of the following thesis: Jesus, Jung, and the Charismatics: The Pecos Benedictines and Visions of Religious Renewal APPROVED BY SUPERVISING COMMITTEE: Supervisor: Robert Abzug Virginia Garrard-Burnett Jesus, Jung, and the Charismatics: The Pecos Benedictines and Visions of Religious Renewal by Kody Sherman Jackson, B.A. Thesis Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Master of Arts The University of Texas at Austin May 2016 Dedication To all those who helped in the publication of this work (especially Bob Abzug and Ginny Burnett), but most especially my brother. Just like my undergraduate thesis, it will be more interesting than anything you ever write. Abstract Jesus, Jung, and the Charismatics: The Pecos Benedictines and Visions of Religious Renewal Kody Sherman Jackson, M.A. The University of Texas at Austin, 2016 Supervisor: Robert Abzug The Catholic Charismatic Renewal, though changing the face and feel of U.S. Catholicism, has received relatively little scholarly attention. Beginning in 1967 and peaking in the mid-1970s, the Renewal brought Pentecostal practices (speaking in tongues, faith healings, prophecy, etc.) into mainstream Catholicism. This thesis seeks to explore the Renewal on the national, regional, and individual level, with particular attention to lay and religious “covenant communities.” These groups of Catholics (and sometimes Protestants) devoted themselves to spreading Pentecostal practices amongst their brethren, sponsoring retreats, authoring pamphlets, and organizing conferences. -
A Handbook for Practicing the Original Reiki of Usui and Hay Pdf, Epub, Ebook
LIGHT ON THE ORIGINS OF REIKI: A HANDBOOK FOR PRACTICING THE ORIGINAL REIKI OF USUI AND HAY PDF, EPUB, EBOOK Tadao Yamaguchi | 195 pages | 01 Jan 2008 | LOTUS PRESS | 9780914955658 | English | Wisconsin, United States Light on the Origins of Reiki: A Handbook for Practicing the Original Reiki of Usui and Hay PDF Book Transcriptions Revised Romanization yeonggi. Read an excerpt of this book! Parapsychology Death and culture Parapsychology Scientific literacy. Adrenal fatigue Aerotoxic syndrome Candida hypersensitivity Chronic Lyme disease Electromagnetic hypersensitivity Heavy legs Leaky gut syndrome Multiple chemical sensitivity Wilson's temperature syndrome. Learn the basics, get attuned, and develop a solid self-care and meditation practice. Reiki is a Spiritual Discipline. Melissa Fotheringham rated it it was amazing Feb 10, Invest in Yourself. Four Faces is an adventurous survey of a universe that is deeper than science can measure. Learn how to enable JavaScript on your browser. Reiki is a powerful healing energy. Level I and II required. None of these have any counterpart in the physical world. None of the studies in the review provided a rationale for the treatment duration and no study reported adverse effects. More filters. Jack Tips. By spreading the course over 8 or more lessons, you get the time to incorporate the Reiki energy into daily life. Members for A. Master Level. Pseudoscientific healing technique. To see what your friends thought of this book, please sign up. The existence of qi has not been established by medical research. Kathia Munoz rated it really liked it Jan 28, You can learn Reiki so that you can become a conduit for helping others, or you can learn it for your own spiritual development. -
Trails of the Cocktail 5 14 18.Pdf
Trails of the Cocktail Few cities can boast more historic significance in their cocktail culture than the Crescent City: birthplace of the Sazerac, Ramos Gin Fizz, the Grasshopper, the Hurricane, and (backed by one of the best apocryphal origin stories ever concocted) even the cocktail itself. In 1769 Spanish Colonial Governor of Louisiana Alejandro O‟Reilly issued a proclamation allowing one limonadier (lemonade seller), twelve taverns and six billiard halls to dispense alcoholic beverages. Closing time was ordained to be 8 pm, but bribes to the necessary officials extended the hours over the years. Rum came into the port of New Orleans and was taxed by the Spanish colonial government. Pat O‟s, Home of “The Hurricane” The “Hurricane”, the most popular drink at Pat O‟Brien‟s in the French Quarter, was created during World War II when liquor such as whiskey was in short supply. In order to purchase just one case of these preferred liquors, liquor salesmen compelled bar owners to purchase as many as 50 cases of rum, which was plentiful. In an effort to utilize the excess of rum, Pat O‟Brien's famous recipe emerged. The name came along soon after when a glass (shaped like a hurricane lamp chimney) was used to serve the popular rum cocktail. Don the Beachcomber (1907 — 1989), founding father of Tiki culture (Tiki bars, restaurants and nightclubs), enjoyed great popularity in the United States — mostly from the late 1940s through the mid-1960s. He and his friendly rival “Trader Vic” Bergeron are still remembered for their cultural influence. -
Chemical Circularity in Fashion
Chemical Circularity in Fashion BY PHIL PATTERSON, COLOUR CONNECTIONS CONSULTANCY LTD Chemical Circularity in Fashion STUDY COMMISSIONED BY ACKNOWLEDGEMENTS The author would like to thank the following for their input and constructive comments during the creation of this report. By thanking them here, full agreement with all the conclusions that have been drawn in the report on the subject of chemical circularity is not implied. Laudes Foundation is an independent foundation here to advance the transition to a just and regenerative Peter Gregory – Consultant economy. We do this by supporting brave action that John Murphy – Consultant will inspire and challenge industry to harness its power for good. Action that inspires industry, to work Nick Farrar – Nike collaboratively to create solutions and tools. And action Thomas Shafer – Bluesign that challenges industry, holding it to account and Linda Greer – IPE incentivizing change. John Mowbray – MCL News and Media Founded in 2020, Laudes Foundation is part of the Brenninkmeijer family enterprise and builds on six generations of entrepreneurship and philanthropy. In particular, we advance the industry-changing work of C&A Foundation. Learning from these experiences, we to work persistently and collaboratively to influence capital and transform industry, starting with the built environment and fashion industries. Laudes Foundation. Redefining value for the good of all. May 2020 Report by Phil Patterson, Colour Connections Consultancy Ltd Contents 1. Report Summary 2. Introduction and Purpose of the Report 3. Industry Background Information 4. Current Chemical Use – and opportunities for reduced use, increased recycling and leasing 5. Current Business Models 6. Making Non-linear Use Models Happen a. -
A Niche Marketing Guide for Lamb Cooperatives
~ ~ United States ~ ..~ Department of G Agriculture A Niche Marketing Rural Business and Cooperative Development Lam~~_ Service Guide for ~TV c~~ ~'!!'ll,'~'E!""O- ~\ Research Report 142 Cooperatives \1. DOce .::,,' " II 8k~ 12 1996 I I'r.PAUl b P(;bAlJA-4- ············.\ Abstract The two types of niche markets targeted by lamb marketing cooperatives are described in this 1 guide. The first type includes specialty middlemen outlets that cooperatives used to market !, lamb to specialized niches within the traditional meat marketing system of retail food stores, restaurants, food service outlets, and specialty distributors. The second type includes those out lets that cooperatives used to market lamb directly to the consumer, such as freezer markets, farmers' markets, mobile markets, and mail order sales. This guide also describes the advertis ing, promotional, and other marketing programs used by cooperatives to target these markets. Finally the competition, product differentiation, capital requirements, market development, man agement, processing, changing goals, and member commitment challenges faced by these cooperatives are briefly discussed. Key Words: Cooperatives, lamb, niche marketing, marketing programs A Niche Marketing Guide for Lamb Cooperatives Tamra Kirkpatrick Kazmierczak and James B. Bell Department of Agricultural and Applied Economics Virginia Polytechnic Institute and State University Blacksburg, Virginia Research Report 142 OCtober 1995 Price: Domestic-$4.00; Foreign-$4.50 Preface Low market prices for lamb caused many producers to look for alternative market outlets. Between 1989 and 1993, at least 12 producer groups explored the possibility of forming lamb marketing cooperatives to target niche market outlets. Niche marketing differed from traditional lamb marketing because it targeted market outlets demanding unique product characteristics, packaging, and/or other convenience aspects not readily obtained through traditional suppliers of lamb such as auction buyers, order buyers, packer buyers, and commission sales representa tives. -
Get MADD.Pdf
I would like to thank Jeanne Pruett, The National Motorists Association, getMADD.com, and David J. Hanson, Ph.D. You are the ones that led me to the truth and inspired this book. 1 Preface………………………………………………….……………..3 Chapter 1 The Declaration of War…………………………….………………6 Chapter 2 The True Facts………………………………………………………15 Chapter 3 Mothers Against Drunk Driving…………………………………28 Chapter 4 Mothers Against Drunk Driving: A Crash Course in MADD by David J. Hanson, Ph.D…………………………………………31 Chapter 5 The Reputation of MADD by David J. Hanson, Ph.D……………………………………….. 61 Chapter 6 Alcohol “MADD’s 24 Point Strategy for Winning the War”..63 Chapter 7 Law Enforcement…………………………………………………..66 Chapter 8 The Breath Test…………………………………………………….95 Chapter 9 Fallibility of Breath Alcohol Measurement…………………..102 Breathalyzers Fail the Legitimacy Test Part I………………………………………………………......104 Breathalyzers Fail the Legitimacy Test Part II…………………………………………………………………107 Breathalyzers Fail the Legitimacy Test Part III………………………………………………………………..110 2 Chapter 10 What You Can Do……………………………………….……….114 Appendix A…………………………………………………….…..117 Appendix B…………………………………………………………118 Appendix C…………………………………………………………133 Appendix D…………………………………………………………144 Appendix E……………………………………………….……..….149 Appendix F………………………………………………………….151 Appendix G………………………………………….……………...161 Innocent Victims Report………………………….…..….……..170 Sources……………………………………………….……….…….172 3 Preface Do you think that drunk drivers convicted today are falling down drunk, seeing pink elephants, staggering around and cannot walk normally in a straight line? If you think these are the majority of arrest you are wrong. Millions of Americans who are not falling down drunk are arrested for drinking and driving and suffer extreme penalties. Back in the good ole days drunk was drunk, there was no question, but not anymore. For the purpose of simplicity, DUI, DWI, OUI, OWI, OMVI, DUIL, DUII, DWAI and DWUI are drinking and driving charges in many different states. -
Healthy Green Living Media Archive: 1998-2012
HEALTHY GREEN LIVING MEDIA ARCHIVE: 1998-2012 LIVING TOXIC FREE Sustainable living includes reducing the amount of toxic chemicals in your immediate environment. What we do Our Safer Solutions website has comprehensive information, easy guides and Q&As on home use, renovations and in the garden; as well as for child care centres. We believe in the right to know about pollution that affects our health and the environment. Total Environment Centre has been campaigning and providing credible information on toxic chemicals and safer alternatives and new laws to protect the community and the environment, for over two decades Latest News CREDIBLE GREEN LABELLING CRISIS • • Created on Wednesday, 05 December 2012 11:17 In an effort to stem consumer concern from a flood of ‘eco-labels’ and self-created green claims by product manufacturers in recent years, the Buying Better project released its proposals to improve the reliability of ‘green’ credentials today. The Buying Better project - undertaken by Green Capital, the business sustainability arm of the Total Environment Centre –investigated the green claims for 4 products: beef, cleaning products, small electronic goods and printing paper. ‘The findings show that a plethora of confusing and self-serving claims inevitably undermines consumer confidence as the “greening” of many product lines has attempted to move into the consumer mainstream,” said TEC executive director Jeff Angel. “Consuming products is not just about the private purchase contract, it’s about the effect of those decisions on society as a whole, and the health of the environment which sustains us all. So we have to get it right.” Mr Angel said the findings show that “Paper claims are almost chaotic; beef is just starting the sustainability journey, with early warnings of confusion; while small electronics needs government intervention.