Trying a toxic tort case is very different from other high-stakes litigation. This practice-focused guide explores the specific and often unique elements that distinguish this type of litigation, including the differing theories of liability and damages and the key procedural and substantive defenses to toxic tort claims. Other topics include scientific and medical evidence and causation, case strategy, trial management, settlement considerations, and causation standards that apply in four regions of the country, reviewing the standards that apply in every state.
Arthur F. Foerster is a partner in the Chicago office of Latham & Watkins LLP, where he focuses his practice on environmental law and litigation. Christine Gregorski Rolph is Global Co-chair of Latham & Watkins's Product Liability, Mass Torts & Consumer Class Actions Practice and is a partner in the firm's Washington, D.C., office.