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Posted: Jan 29, 2012
A litigator's guide to nanotechnology health and environmental issues
(Nanowerk News) Be afraid, very afraid, when litigation lawyers start to wrap their brains around nanotechnology liability issues.
DRI's For the Defense January 2012 issue features an article by John Delany, a founding member of Delany & O'Brien, in Philadelphia.
Here is a reading example from the article titled "A Litigator's Guide to Health and Environmental Issues":
that could create a toxic, nanolitigation
storm are (1) ubiquitous exposure;
(2) sympathetic plaintiffs; (3) sensational
press (4) reactive politicians; (5) product
identification capability pointing to a
specific product or a specific defendant;
(5) biomarker and causation evidence;
(6) corporate culpability; (7) state-of-the art
medical and liability; (8) the serious,
objective, potentially permanent nature
of a potential injury due to nonmaterial
exposure compared with potentially subjective
transitory injury; (9) deep pockets
of recovery; (10) product benefit-cost
and (11) warnings and personal choices
involved with exposure.
In addition, judicial
and legislative factors may affect the
liability picture, including potential immunities,
economic caps, limitations on punitive
damages, joint and several liability,
the collateral source rule, venue shopping,
removal to a federal court, preemption,
and the framework that the judiciary uses
to manage and adjudicate claims, such as
Here is one particular gem: According to the author, one of the strategies Corporate America should consider in order to reduce their potential exposure is "...lobbying for immunity caps, class action restrictions, and tort reform"