Are Expert Witnesses The Backbone Of Toxic Torts?

Photo Credit: https://utahstatemagazine.usu.edu/culture/the-way-we-see-things/ (last visited: September 23, 2020).

Written By: Ryan Jones
Articles Editor, American Journal of Trial Advocacy

Recent federal court rulings in toxic tort litigations have “stressed the importance of the dose-response relationship and the need to carefully evaluate the level of exposure to pass the Daubert standard for expert witness admissibility under the Federal Rules of Evidence 702.”[1]  The dose-response methodology “studies the relationship between the quantity of a substance (dose) and its overall effect (response) on a person, and is the ‘hallmark of basic toxicology.’”[2]  Pursuant to the Daubert standard, “courts must assess whether the reasons or methodology underlying the expert testimony is scientifically valid and whether those reasons or methodologies can be properly applied to the facts at issue.” Continue reading “Are Expert Witnesses The Backbone Of Toxic Torts?”

Heating Up: The Rise of Climate Change Litigation

photo of air pollution. several stacks of smoke can be seen. the photo is orange with the pollution.

Photo Credit: https://www.pexels.com/photo/air-air-pollution-climate-change-dawn-221012/

By: Bobby McNeill
Member, American Journal of Trial Advocacy

On October 9, 2019, the Alaska Supreme Court heard oral arguments for Sinnok v. Alaska,which involves a civil suit brought by a group of teens alleging, among other things, that the state of Alaska has failed to protect its citizens from the effects of climate change.[1] Continue reading “Heating Up: The Rise of Climate Change Litigation”