Genomic Data in Toxic Tort Litigation

Posted: 15 Sep 2005

See all articles by Gary E. Marchant

Gary E. Marchant

Arizona State University - College of Law


Genomic data have the potential to transform the doctrine and practice of toxic tort litigation. This article discusses potential applications of two types of data in toxic tort litigation: (i) genetic variations in susceptibility to toxic exposures; and (ii) genetic biomarkers of exposure and early toxicological effects. Several different applications of these types of genetic data are likely for proving or disproving exposure, causation, and damages, some of which have already been attempted by toxic tort litigants. Most potential applications of genomic data will fit into existing tort doctrinal templates, but will raise new evidentiary, policy and ethical issues.

Keywords: Genomics, Toxic Torts, Biomarkers, Ethics

JEL Classification: I18, K13, K32

Suggested Citation

Marchant, Gary E., Genomic Data in Toxic Tort Litigation. Brooklyn Journal of Law and Policy, Forthcoming, Available at SSRN:

Gary E. Marchant (Contact Author)

Arizona State University - College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States
(480) 965-3246 (Phone)
(480) 965-2427 (Fax)

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