Evidence that provides a sound basis for forward-looking regulatory action may not pass the judicial threshold for admissibility in tort litigation. But the lines between regulation and litigation are blurring as governmental and private litigants citing regulatory assessment of risks to human health and the environment file tort-based claims that seek to enjoin emissions and win substantial damage awards. In this seminar, panelists discussed the appropriate role of regulatory conclusions in tort litigation, with a focus on both traditional toxic tort claims and more recent tort-based nuisance claims like those seeking to restrict greenhouse gas emissions by auto makers and power plants.
Moderator:
Wendy Wagner, University of Texas School of Law
Panelists:
Dr. Barbara Beck, Gradient Corporation
Chuck Kauffman, CapAnalysis
Gil Keteltas, Howrey LLP
Click here for information on the other seminars in this series.