Comprised of articles that address “cutting-edge legal and scientific issues and defense trial tactics,” the Defense Research Institute’s (DRI) Toxic Tort and Environmental Law Compendium features two articles written by members of Goldberg Segalla’s Toxic Tort and Environmental Practice Group.
In “The Standard of Care Defense in Emerging Toxic Tort Claims,” Thomas P. Bernier and Susan E. Smith analyze how to craft a Legionnaires’ Disease claim defense. By focusing on the standard of care threshold, Tom and Susan explain that when “executed properly, this defense can shift the burden of proof back where it truly belongs, restoring at least some equilibrium to a situation that at first glance appears to be hopelessly one-sided.”
In “Asbestos Litigation: Alive and Strong in 2014,” Joseph J. Welter, Susan E. Van Gelder, Andrew J. Scholz, and Sean T. Stadelman look at four common asbestos-related issues facing defense counsel. Topics include: “(1) the continued evolution of the “every exposure” or “single fiber” theory across the country, (2) the emergence of multiple distinct exposure lung cancer cases, (3) consolidation of cases and the effect on case values, and (4) trial strategies and challenges for apportioning liability to absent responsible parties.”