Guarding against Nanotort Liabilities

Abstract

Recent headlines comparing the health risks of nanotechnology to those of asbestos have appeared in newspapers throughout the country and on the Internet. Governmental agencies and standard-setting organizations have begun considering and actually adopting requirements to protect against such purported risks. The plaintiffs’ bar and potential plaintiffs have surely taken note. There is every reason to believe that the era of mass tort and class actions related to nanotechnology—“nanotorts” for short—is rapidly approaching. This article examines what nanotort claims might look like, the role that regulations and industry practices may play in such lawsuits, potential defenses to those claims, and what nanotech companies can do now to guard against future nanotort liabilities.

The authors extend their appreciation to Winston partners Bill Hall and Eleni Kouimelis and associate Sarah Jehl for sharing their extensive prior work in the field of nanotechnology.

Notes

Scott P. DeVries is a partner in the San Francisco office of Winston & Strawn. His practice concentrates on environmental mass torts and insurance coverage. Eric P. Gotting is a partner in the Washington, D.C., office of Winston & Strawn. His practice concentrates on environmental mass torts and environmental law. Linda K. Leibfarth is an associate in the Washington D.C. office of Winston & Strawn.