Nonparty discovery in lead‐paint litigation: The New York experience*
作者:
DavidH. Sculnick,
JonD. Lichtenstein,
期刊:
Environmental Claims Journal
(Taylor Available online 1999)
卷期:
Volume 11,
issue 3
页码: 43-54
ISSN:1040-6026
年代: 1999
DOI:10.1080/10406029909383922
出版商: Taylor & Francis Group
数据来源: Taylor
摘要:
Injury claims in lead‐paint litigation invariably involve allegations of cognitive, intellectual, and social impairments, which can be difficult to quantify. They are frequently subjective, and involve a constellation of claimed disabilities that may well have genetic or socio‐economic origins. Assessing these claims can be enhanced by creating a context in which to examine and view them, namely the family unit. To that end, there is the need to acquire sibling academic records, medical and developmental histories of all children, and, on occasion, to seek IQ testing of the parents. New York has explored these issues, and there is a developing body of case law to support the defendant's request for this kind of information. This article reviews the development of these cases.
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