Future Trends in Toxic Tort Litigation

Abstract

Tort law is, in part, a creature of its time and place. Understanding these changing circumstances enables us to better anticipate future legal developments. Two important developments are currently shaping the character and future of toxic tort litigation. First, common law courts are developing a jurisprudence to deal with the unique features of toxic tort litigation. Second, recently enacted Superfund legislation" has altered the context within which many toxic tort suits occur and toxic tort law develops. It is this latter aspect which this article addresses.