When Bad Things Happen to Good Property

Front Cover
Environmental Law Institute, 2006 - Law - 380 pages
When Bad Things Happen to Good Property features a review of economics and theory of real estate environmental damages, empirical results from peer-reviewed literature, and legal outcomes of environmental contamination litigation in the United States. It also includes chapters written by plaintiff and defense lawyers on litigating environmental cases and addresses the role of the real estate expert. In addition, the book analyzes outcomes with respect to frequency of lawsuit activity, evaluates litigious approaches for multiple damages cases, and discusses the plight of the small claims plaintiff. It concludes with a review of a number of case studies of actual toxic tort cases. When Bad Things Happen to Good Property is packed with various tables, figures, appendices, as well as a very large reference table (the BIG MATRIX) that assists residential property owners (exposed to different types of contamination) and their attorneys find out what kind of damages may be typical when contamination has effected property values.
 

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Contents

Economic Theory Behind Real Estate
11
Real Estate Theory
31
PeerReviewed Evidence on Property Value
63
A MetaAnalysis of the Effect of Environmental
113
Valuation of Impaired Property
135
Activities Typically Undertaken by the Real
159
Environmental Contamination Treatise
181
Case Evaluation
182
Property Damage Versus Personal Injury
261
What to Look for and Where to Look
262
Discovery Misuse and Abuse
264
Of Lobbying and Being Lobbied
267
Conclusion
268
Managing Environmental Exposure Claims The Defense Perspective I Introduction
281
Context and Preconceptions
282
Conclusion
303

Class Certification
193
Discovery
199
Expert Witnesses
202
Damages
204
Settlement
207
Conclusion
210
Legal Background to OffSite Contamination I Introduction
213
Trespass
215
Strict Liability
216
ThirdParty Damages
217
Revolving Fund
218
Cleanups
220
CWAandOPA
225
OPA
226
Treatment Storage and Disposal Facilities
227
LUSTs
228
States and Superfund
229
Conclusion
231
An Analysis of Toxic Tort Property Cases Filed and Their Outcomes I Introduction
233
Filling in Missing Data
234
Results
237
Conclusion
241
The Preparation and Trial of an Environmental Contamination Case The Plaintiffs Perspective I Introduction
253
Causes of Action and Venue
256
Selection and Use
258
Synthesis and Conclusions Chapter 13 Legal Outcomes in the Context of Academic Literature I Introduction
307
Legal Data on Case Outcomes
308
Reconciling Pollution Categories for Analysis
309
Caveats of This Analysis
312
Conclusion
314
The Class Action Model Is It Working? Justice for the Lonely Pollutee I Introduction
315
Class Action Fairness Act
316
Economics of Case Selection Revisited
318
Predictive Regression
320
Tests of Predictive Reliability Using the OutlierFree Model
322
Applying the OutlierFree Model to New Data
327
Applying the Predictive Model to a Larger Data Set
329
The BIG MATRIX
330
Application of the BIG MATRIX to Specific Property
331
Conclusion
333
Conclusions and New Directions for Polluters and Pollutees I Introduction
337
General Observations
340
Policy Implications
341
Recommendations for Potential Plaintiffs
342
Recommendations for Attorneys
343
Conclusion
344
Case Studies Case Studies
347
List of Acronyms
379
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