A toxic tort is a civil wrong arising from exposure to a toxic substance.4 Litigating such a case can be intimidating, because of the complex issues involved. Notwithstanding these highly technical issues, toxic tort cases contain themes that can be clear and understandable. Thus, to be effective, counsel should try to frame the debate in terms of these simple issues, to avoid overwhelming and confusing the jury. Lawyer Allan Kanner offers an analogy. On one hand, toxic tort lawyers are builders, compiling information to construct a case. On the other hand, they are sculptors, chipping away extraneous information that clouds the argument. “The key is to find the perfect balance between information and presentability.”

Traditionally, class action certification decisions are reviewed under an abuse of discretion standard, with no distinction being made between decisions that grant certification and those that deny it. The thresholds that must be met in seeking certification of a class action are numerosity, commonality, typicality, and adequacy of representation. Alabama classes are codified for certification purposes at Ala. Code §6-5- 641.

Even more so than with individual cases, most class actions settle. This is due in part to the fact that the risks of proceeding to judgment post-certification are very significant to all parties. However, many settlements are often negotiated prior to certification. In those cases, the settlement is contingent on the court certifying a class for settlement purposes only.

Recently, our United States Supreme Court dealt a serious blow to public safety. The Court held that as long as federal funds have been used to install warning devices at railroad crossings (no matter how inadequate or unsafe), then a victim who has been struck by a train is left without a remedy against the railroad. Federal Funds are now used at most crossings on public roads. This ruling effects the safety of all of us and our families.

In the late 1960s and early 1970s, the National Highway Traffic Safety Administration was concerned with the lack of use of seatbelt systems in passenger cars.