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TOXIC TORTS GLOSSARY |
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Glossary of Toxic
Torts Terms
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- C -
Celebrex: A drug prescribed for painful
conditions such as arthritis. In April of 2005 the FDA required a black box
warning on Celebrex calling attention to cardiovascular and gastrointestinal
risks associated with its use.
Civil Action: A term used to describe
court cases that are not criminal; lawsuits involving private parties or the
government, usually fall under the civil action category. Cases involving
personal injury lawyers are generally civil actions.
Cancer: A disease characterized by the
rapid and uncontrolled growth of aberrant cells into malignant tumors.
Caps (on Damages): A damages cap is an
arbitrary ceiling on the amount an injured party can receive in compensation by
a judge or jury, irrespective of what the evidence presented at a trial proves
compensation should be. A cap is usually defined in a statute by a dollar figure
or by tying the cap to another type of damages (e.g. two times compensatory
damages). Caps usurp the authority of judges and juries, who listen to the
evidence in a case, to decide compensation based on each specific fact
situation. Several states have declared caps unconstitutional.
Caps on Non-economic Damages: Non-economic
damages compensate injured consumers for intangible but real injuries, like
infertility, permanent disability, disfigurement, pain and suffering, loss of a
limb or other physical impairment. Caps or limits on non-economic damages have a
disproportionate effect on plaintiffs who do not have high wages - like women
who work inside the home, children, seniors or the poor, who are thus more
likely to receive a greater percentage of their compensation in the form of
non-economic damages if they are injured.
Caps on Punitive Damages: Punitive
damages, also known as "exemplary damages," are assessed against
defendants by judges or juries to punish particularly outrageous, deliberate or
harmful misconduct, and to deter the defendant and others from engaging in
similar misconduct in the future. It is well recognized that the prospect of
having to pay punitive damages in a lawsuit by an injured consumer causes
corporations to build safer products and operate more safely. Many dangerous and
defective products -- including the Ford Pinto, asbestos, and the Dalkon Shield
IUD -- were removed from the market because of punitive damages. Companies often
weigh the potential costs of liability to determine whether a defective product
should be redesigned or removed from the market, or an unsafe practice should be
stopped. Capping or limiting punitive damages allows companies to treat
liability as a cost of doing business, weakening their deterrent impact.
Carbon Dioxide: A colorless, odorless, gas
produced by burning fossil fuels, sometimes referred to as a green house gas
because it contributes to earth warming.
Carbon Monoxide: A colorless, odorless,
poisonous gas produced by incomplete fossil fuel combustion.
Carcinogen: Any substance that can cause
or aggravate cancer.
Catalyst: A substance that changes the
speed or yield of a chemical reaction without being consumed or chemically
changed by the chemical reaction.
Characteristic (or Hazardous Waste
Characteristic): Any one of the four categories used in defining hazardous
waste: ignitability, corrosivity, reactivity, and toxicity. Characteristics are
determined by specific analytical testing on the waste and comparing the results
to regulatory thresholds. Studies conducted indicate that many fluorescent and
high intensity discharge (HID) lamps exhibit the toxicity characteristic (TC)
for mercury because of the use of that compound in producing these
mercury-containing lamps. See the definition for Toxicity Characteristic
Leaching Procedure.
Chlorinated Hydrocarbons: These include a
class of persistent, broad-spectrum insecticides that linger in the environment
and accumulate in the food chain. Among them are DDT, aldrin, dieldrin,
heptachlor, chlordane, lindane, endrin, mirex, hexachloride, and toxaphene.
Other examples include TCE, used as an industrial solvent.
Chlorination: Adding chlorine to water or
wastewater, generally for the purpose of disinfection, but frequently for
accomplishing other biological or chemical results. Chlorine also is used almost
universally in manufacturing processes, particularly for the plastics industry.
Chlorophenoxy: A class of herbicides that
may be found in domestic water supplies and cause adverse health effects.
Chlorosis: Discoloration of normally green
plant parts caused by disease, lack of nutrients, or various air pollutants.
Chronic Effect: An adverse effect on a
human or animal in which symptoms recur frequently or develop slowly over a long
period of time.
Claim: A demand for money or relief.
Class Action: A lawsuit filed by one or
more personal injury victims (plaintiffs) on their own behalf as well as a
larger group "who are similarly situated". The decision is binding to
all parties.
Class I Area: Under the Clean Air Act, a
Class I area is one in which visibility is protected more stringently than under
the national ambient air quality standards; includes national parks, wilderness
area, monuments and other areas of special national and cultural significance.
Closing Statement: The final argument in a
trial by an attorney on behalf of his/her client after all evidence has been
produced for both sides.
Closure: The procedure a landfill operator
must follow when a landfill reaches its legal capacity for solid waste: ceasing
acceptance of solid waste and placing a cap on the landfill site. No more waste
can be accepted and a cap usually is placed over the site. The cap is then
planted with grasses and other ground covers. Post-closure care includes
monitoring ground water, landfill gases, and leachate collection systems,
sometimes for as long as 30 years.
Coliform Organism: Microorganisms found in
the intestinal tract of humans and animals. Their presence in water indicates
fecal pollution and potentially dangerous bacterial contamination by
disease-causing microorganisms.
Collateral Source Rule: - The collateral
source rule prevents a wrongdoer from reducing its financial responsibility for
the injuries it causes by the amount an injured party receives from outside
sources. Payments from outside sources are those unrelated to the wrongdoer,
like health or disability insurance, for which the injured party has already
paid premiums or taxes. The rule also prevents juries from learning about such
collateral payments, so as not to unfairly influence with verdict. States that
have modified this rule have either completely repealed it, mandating that
payments received from health insurance, social security or other sources be
used to reduce the wrongdoer's liability. Or, they allow juries to hear during
trial about collateral payments.
Commercial Waste: All solid waste from
businesses. This category includes, but is not limited to, solid waste
originating in stores, markets, office buildings, restaurants, shopping centers,
and theaters.
Comminution: Mechanical shredding or
pulverizing of waste. Used in both solid waste management and wastewater
treatment.
Complaint: The first document filed with
the court by the plaintiff stating the factual and legal basis for claiming
legal rights against the defendant(s).
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA): The U.S. Federal law that
authorizes EPA to cleanup uncontrolled or abandoned hazardous waste sites and
respond to accidents, spills and other emergency releases of hazardous
substances. Also known as Superfund, the program activities include establishing
the National Priorities List, investigating sites for inclusion on the list,
determining their priority, and conducting and/or supervising cleanup and other
remedial actions. CERCLA established a comprehensive liability scheme that
authorizes the government to hold identified categories of parties liable to
conduct and/or pay for cleanup of releases of hazardous substances, pollutants
and contaminants.
Consent Decree: A legal document, approved
by a judge, that formalizes an agreement reached between EPA and potentially
responsible parties (PRPs) through which PRPs will conduct all or part of a
cleanup action at a Superfund site; cease or correct actions or processes that
are polluting the environment; or otherwise comply with EPA initiated regulatory
enforcement actions to resolve the contamination at the Superfund site involved.
The consent decree describes the actions PRPs will take and may be subject to a
public comment period.
Construction and Demolition Waste: Waste
building materials, dredging materials, tree stumps, and rubble resulting from
construction, remodeling, repair, and demolition of homes, commercial buildings
and other structures and pavements. May contain lead, asbestos, or other
hazardous substances.
Contact Pesticide: A chemical that kills
pests when it touches them, instead of by ingestion. Also, soil that contains
the minute skeletons of certain algae that scratch and dehydrate waxy-coated
insects.
Contaminant: Any physical, chemical,
biological, or radiological substance or matter that has an adverse affect on
air, water, or soil.
Contingency Fee Limits: Under a
contingency fee arrangement, a lawyer agrees to take a case on behalf of an
injured client without obtaining any money up front from the client. This is a
risk, because if the case is lost, the lawyer is paid nothing. In return, the
lawyer is entitled to a percentage of the amount of money collected -- usually
one-third -- if the case is successful. This system provides injured consumers
who could not otherwise afford legal representation with access to the courts.
The principal impact of contingency fee limits is to make it less likely
attorneys can afford to risk bringing many cases, particularly the more costly
and complex ones, providing practical immunity for many wrongdoers
Cradle-To-Grave System: A procedure in
which hazardous materials are identified and followed as they are produced,
treated, transported, and disposed of by a series of permanent, linkable,
descriptive documents (e.g., manifests).
Criteria Pollutants: The 1970 amendments
to the Clean Air Act required EPA to set National Ambient Air Quality Standards
for certain pollutants known to be hazardous to human health. EPA has identified
and set standards to protect human health and welfare for six pollutants: ozone,
carbon monoxide, total suspended particulates, sulfur dioxide, lead, and
nitrogen oxide. The term, "criteria pollutants" derives from the
requirement that EPA must describe the characteristics and potential health and
welfare effects of these pollutants. It is on the basis of these criteria that
standards are set or revised.
Cross Examination: The opportunity for the
attorney for one party to ask questions in court of a witness who has testified
in a trial on behalf of the opposing party.
Cumulative Exposure: The summation of
exposures of an organism to a chemical over a period of time.
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information contained within this personal injury site is of a general nature
and is not meant to be a restatement of any rules of law. Your
use of this site does not create an attorney-client
relationship. You should hire an attorney to obtain legal
advice for your specific case.
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Consultwebs.com, Inc., All rights reserved. Personal
Injury Law
Glossary.
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