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
Suggested Citation
Finley, Lucinda M., 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
