Delaware Supreme Court chamber in Dover. Credit: Nagel Photography/Shutterstock.com Supreme Court Weighs Class Action Injury Definition Under Delaware Law
Delaware courts have touched on the issue before, ruling on what type of exposure doesn't count as an injury, but the Croda case is the first to ask the high court to concretely state whether exposure leading to increased risk of disease is enough on its own.
June 14, 2023 at 04:06 PM
4 minute read
Toxic Torts
The original version of this story was published on Delaware Law Weekly
Delaware Supreme Court justices pushed back Wednesday on the argument that an increased likelihood of disease warrants class action recovery before the disease develops, asking questions on where and if courts should draw the line in holding defendants liable for preemptive medical monitoring costs.
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