toxic torts
Mrs. Palsgraf, Meet Enviromental Law
A case involving a freakish accident with fireworks casts a big shadow in environmental law.
Today in my first-year Torts class, I teach the Palsgraf case, one of those cases that every lawyer knows by heart. More about Palsgraf in a moment. It’s a tort case, so it won’t surprise you that oil companies use similar arguments against having to pay damages for climate change. But it may be more …
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CONTINUE READINGStanding, Settlement, and Mass Torts
BP is trying to use standing law to wiggle out of its own settlement agreement. The courts have been right to say no.
BP entered into a settlement in a massive class action against it arising out of the BP oil spill. Now it’s trying to get out of part of the settlement while keeping the rest of the deal in place. BP’s argument involves three areas of confusion in standing doctrine: how does it apply to class actions, …
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CONTINUE READINGFinally Cleaning Up In the Galilee
Residents of northern Israel got a welcome victory a couple of days ago: the nation’s High Court held that Eitanit Construction Products, a politically well-connected firm that polluted cities across the region with asbestos, must pay half the cost of cleaning it up. Friable asbestos contaminating whole cities might be a dim memory in the United …
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