Special Juries in Toxic Tort Litigation
Editors' Summary: Toxic tort cases often involve thousands of documents, procedural complexities, and difficult scientific and legal issues. The ability of our legal system to rationally resolve these cases depends on the competence of the factfinder to evaluate the volumes of technical evidence generated in these cases. The author argues that the complexities of these cases are beyond the abilities of lay juries and judges. He proposes that special juries of persons with scientific and medical training be used in complex toxic tort cases. Only such juries, the author asserts, can rationally evaluate the epidemiological studies and other evidence used to show causation in toxic tort cases.