Environmental and Toxic Tort Lawsuits From the Plaintiff's Perspective (Update)
Created on April 15, 2019
In many ways, environmental law and toxic tort litigation are closely related. Many toxic tort cases are based on contaminants that have been spread in the air, the ground, or drinking water, which means the noxious substance is often also an environmental pollutant.
In this program we will evaluate environmental and toxic tort cases from the plaintiff's standpoint, starting with the typical claims filed by plaintiffs, both statutory and common law. We will discuss damages, not just in terms of quantifying them, but also in terms of proving and explaining them to the fact finder. Additionally, because all of these cases require qualified experts, we will focus on the kinds of experts needed, as well as the qualifications that the court and the plaintiff's lawyer typically seek out.
- Identify cases that are trial-worthy
- Master the client interview, recognizing the sensitivities that surround the interview
- Draft the complaint, reviewing notice pleading versus specificity, intentional acts versus negligence, and strict liability versus negligence based standards
- Understand the role of experts
- Plan for discovery, a result oriented pathway in a long process, and what the plaintiff's lawyer can do to keep the case on track
- Discuss what damages the client requires to be made whole
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