TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, February 5, 2013

Amicus Brief on Duty/Proximate Cause Issue

Mike Green and Jonathan Cardi (Wake Forest) have authored an amicus brief in a Missouri toxic tort case against Monsanto.  They invite any legal academic who is interested to join the brief.  From the e-mail:

In the case, the trial court dismissed the case on duty grounds (1) because plaintiffs could not specify the manner in which the PCBs (99% of which were made by Monsanto) had entered their bodies and (2) because the PCBs might have entered their bodies by disposal or misuse of the products. The brief argues that this is not a duty question but one of proximate cause.  Monsanto owed a duty to distribute dangerous chemicals reasonably, unless the court thinks of some extraordinary public policy reason not to impose such a duty.  The issues regarding manner of injury are properly handled by proximate cause.

A copy of the brief (pdf) is here:  Download Nishida Draft 1[1].  Parties interested in joining should e-mail Brent Rosenthal by February 7th at 
Updated:  Apparently, the brief was authored by Brent Rosenthal.  Mike and Jonathan offered comments and support its thesis.

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