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The Coming Age of Nanotorts

By Ronald C. Wernette
February 20, 2009

“I never think of the future, it comes soon enough.”

' Albert Einstein

Dear Mr. Einstein, The Age of Nanotechnology has arrived. Nanoscience went from imagination to reality in the 1980s with the birth of cluster science and the invention of the scanning tunneling microscope. The development of new tools like atomic force microscopes, scanning probes, and optical tweezers have enabled rapid advances in the past 20 years, continuously improving our ability to measure and manipulate individual molecular structures. Within a few short decades, nanotechnology has shown the potential to deliver revolutionary advances ' amazing, economy-disrupting, life-changing advances ' in almost every facet of our lives. Yet few lawyers understand what nanotechnology is and even fewer have a grasp of how the nanotechnology revolution is likely to influence tort litigation.

Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), hastened the assimilation of scientific understanding into

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