Topic
Causation
438 published works
TortsProf Blog
Rhee on Probabilistic Causation and Loss of Chance
Robert Rhee has posted to SSRN Probabilistic Causation in the Loss of Chance Doctrine: A Comment on Efficiency and Error Mitigation. The abstract provides:The loss of chance doctrine in tort law…
TortsProf Blog
Sperino on Causation
Sandra Sperino has posted to SSRN The Causation Canon. The abstract provides:It is rare to witness the birth of a canon of statutory interpretation. In the past decade, the Supreme Court…
The FCA Insider
District Court Adopts Middle of the Road Approach in Determining Causation in Anti-Kickback Statute-Based False Claims Act Case
By Brett Barnett, Cassandra M. Burns, Timothy Fry
The U.S. District Court for the District of Maryland recently weighed in on the appropriate causation standard when evaluating whether a claim “result[s] from” a violation of the Anti-Kickback Statute…
Drug & Device Law
New York Court of Appeals Holds that Plaintiff Did Not Prove Causation in Talc/Asbestos Mesothelioma Case
We write on a chilly day in Philadelphia – we and the Drug and Device Law Little Rescue Dogs all shivered on our morning walk. And we are excited to…
Canadian Lawyer Mag
Causal link between accident and injuries required to claim damages: B.C. Court of Appeal
Trial court failed to assess evidence linking car accident and victim's mental health issues
Litigation Finance Journal
SHAREHOLDER CLASS ACTIONS IN AUSTRALIA: UNCERTAINTY FOR THE FUTURE OF MARKET-BASED CAUSATION
By John Freund
The following article was contributed by Nikki Stever and Madison Smith of Australia-based commercial law firm, Piper Alderman. In the third decision delivered in a shareholder class action in Australia,[1]…
Tort Talk
Expert Reports May Not Be Required of Plaintiffs In Cases Where Causation is Obvious
In some personal injury cases, the relationship of a plaintiff's injury to an alleged act may be so obvious that expert testimony on causation may not be necessary. Such was the…
Bill Madden's Blog
Causation: UWA Law Review special edition.
By Bill Madden
The University of Western Australia Law Review has just published a special edition on causation in the law. (2022) 49 UWALR 1. This is the link. https://www.able.uwa.edu.au/centres/uwalr/issues/2022-volume-49,-issue-1 The 15 articles…
TortsProf Blog
Wright on Causation and the “No Worse Off” Limitation on Liability
Richard Wright has posted to SSRN Causation (Contribution) and the "No Worse Off" Limitation on Liability. The abstract provides:In this article, I rebut claims that there is no core sense of…
Drug & Device Law
Don’t Overlook “I Don’t Recall” Testimony
Today’s post is not about something cutting edge or controversial. It’s a don’t lose sight of the basics kind of post. Plaintiff bears the burden of proof on causation. In…