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Pro-Plaintiff Preemption? -- A favorable federal discovery rule trumps state limitations law in environmental toxic tort cases


by Alicia D. Butler
Baron & Budd, A Professional Corporation View Firm Credentials
Dallas Office

September 8, 2004

Previously published on 2003

Toxic tort plaintiffs often face a cruel dilemma: is it better to sue after public controversy has arisen but before scientific evidence develops, or wait to sue while scientific evidence mounts, and expect a heated assault based on the statute of limitations defense?


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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