"Nano-Torts on the Horizon: A Jack and Jill Story" by Squire Sanders litigation partners J. Philip Calabrese and Stephanie E. Niehaus was published in the Fall 2012 edition of the Nanotechnology Law & Business Journal. The article explores the potential for litigation related to the use of nanomaterials in commercial and consumer products with a particular focus on nanosilver. Although there has been little litigation to date relating to the use of nanotechnology, increasing criticism about the current state of scientific understanding of the potential health and environmental impacts of nanotechnology, combined with an emerging regulatory framework, raises the specter of litigation in the near term.
The article considers how traditional principles of tort law could and likely will be used to frame and resolve disputes involving nanotechnology, including in the context of consumer and other no-injury class actions. It also suggests that manufacturers of products involving nanotechnology should at least begin to anticipate litigation and take proactive steps to mitigate their legal exposure and understand their likely defenses.
The article is reprinted with permission of the publisher.