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Over the past decade, genetic testing has revolutionized the practice of criminal law — and now seems poised to do the same for toxic tort litigation. "It is too soon to tell how far these advances will carry the law of toxic torts, but the changes have already begun," says Anthony Hopp, a defense litigator with Wildman Harrold LLP (Chicago) who focuses his practice on toxic tort matters. "It is now possible to test plaintiffs for unique genetic susceptibility to the effects of toxic substances. It is also possible to prove toxic exposure by looking for DNA damage. A new theory is emerging that injury on the molecular, genetic level could support a cause of action." Hopp is available to write an article reviewing the current uses of genetic testing in the context of toxic tort litigation. It will examine the way in which some of this new testing clashes with established tort principles and the hurdles that trial lawyers will face as they seek to admit these new types of evidence. It will conclude with some predications about how the science of genetics will, and will not, change the practice of toxic tort law over the next decade. [01/24/2008]
Channel: Jaffe Legal News Service - Articles for Publication
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