Environmental & Toxic Torts (LAW 840)

This course will examine how a complex environmental tort case unfolds from notice to appeal.  Using Anderson v. Cryovac, the toxic tort case portrayed in the bestseller A Civil Action, as a learning tool, including actual documents from the cases, as well as supplemental substantive materials and other case examples, this course will illuminate key phases of the environmental litigation process.  Investigation, pleadings, management of complex document discovery, the intricacies of e-discovery, pre-trial advocacy and sophisticated application of the Federal Rules of Civil Procedure will be a focus of classroom discussion.  Other topics to be addressed will be the management of scientific and expert evidence, medical causation, analysis of liability and damages, and special characteristics of environmental tort claims.  The interplay between environmental statutory regulation and the common law will be explored, as will the unique challenges presented by trial management and the settlement of toxic tort litigation.

2 credit hours.

Faculty: Paula J. Schauwecker, Adjunct