Environmental Toxic Injury Claims

Bringing or Defending Against Environmental Personal Injury Actions

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, February 16, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare personal injury attorneys to understand recurring issues present in environmental toxic tort cases including liability theories, causation, defenses, preemption, jurisdiction and available damages. The panel will outline best practices for plaintiff and defense counsel.

Description

Environmental toxic injury claims have exploded in number over the past two decades. The types of personal injury and property damage claims in these cases vary widely, but certain critical issues are present in every toxic tort case.

To successfully bring or defend against an environmental toxic tort claim, counsel must be able to establish or attack the theories of liability, causation and recognized affirmative defenses. Further, class action, mass tort, preemption and jurisdictional considerations must be taken into account in every case.

Damages can reach into the millions of dollars and beyond. Knowing how to leverage the facts to a client’s advantage is essential to the success of the case.

Listen as our authoritative panel of personal injury, product liability and environmental law practitioners reviews issues that arise in all varieties of environmental toxic tort claims. The panel will discuss the problematic issue of proof and the challenge that damages pose in these suits.

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Outline

  1. Theories of Liability for Toxic Tort Exposure Claims
    1. Negligence
    2. Strict Liability
    3. Fraud
  2. Attacking or Establishing Common Defenses
    1. Causation
    2. Government Standards
    3. Affirmative Defenses
  3. Class Action / Mass Tort Issues
  4. Preemption Considerations
  5. Damages
    1. Compensatory
    2. Punitive
    3. Injunctive
    4. Attorneys' Fees
    5. Contamination Remediation Issues

Benefits

The panel will review these and other key questions:

  • What are the advantages and challenges of the many common law causes of action that can be raised in toxic tort claims?
  • What are the recurring issues and recent developments related to proving causation?
  • What impact do regulatory standards have in toxic tort litigation?
  • What are the recent trends involving mass and class actions in toxic tort litigation?
  • What theories of damages are being litigated and how can you try to prove them?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Jennifer Quinn-Barabanov
Jennifer Quinn-Barabanov

Partner
Steptoe & Johnson

She is a member of the firm’s Litigation and Technology Departments and concentrates her practice on mass torts,...  |  Read More

Randall J. Butterfield
Randall J. Butterfield

Counsel
King and Spalding

He concentrates his practice on environmental and toxic tort litigation matters. He handles individual, mass joinder...  |  Read More

Julia LeMense
Julia LeMense

Associate
Weitz & Luxenberg

She is an environmental and land use attorney representing plaintiffs in environmental litigation. She has represented...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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