Abstract

http://ssrn.com/abstract=222371
 
 

Citations



 


 



Guarding the Gate to the Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role to Remake Tort Causation Rules


Lucinda Finley


SUNY Buffalo Law School


DePaul Law Review, Vol. 49, P. 335, 1999

Abstract:     
The article looks at what trial judges are actually doing in toxic tort cases in the post-Daubert world; it reviews and critiques cases in which judges have in effect adopted a new rule of causation law that requires plaintiffs to rely on epidemiology, and in particular epidemiology that demonostrates an increase in relative risk of 2.0 or greater; the article considers the substantive as well as the normative implications of this legal treatment of epidemiology.

JEL Classification: K13, K32, K41

Accepted Paper Series


Not Available For Download

Date posted: June 9, 2000  

Suggested Citation

Finley, Lucinda, Guarding the Gate to the Courthouse: How Trial Judges Are Using Their Evidentiary Screening Role to Remake Tort Causation Rules. DePaul Law Review, Vol. 49, P. 335, 1999. Available at SSRN: http://ssrn.com/abstract=222371

Contact Information

Lucinda M. Finley (Contact Author)
SUNY Buffalo Law School ( email )
528 O'Brian Hall
Buffalo, NY 14260-1100
United States
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