Topic
Causation
438 published works
Drug & Device Law
Plaintiff MDL Censuses – Probably Worse Than Nothing
By Bexis
MDL defendants in prescription medical product liability MDLs have been complaining for years about thousands of cases being brought without the slightest pre-filing vetting – “plaintiffs” who cannot establish that…
Property Insurance Coverage Law Blog
Causation Can Be Determined in Minnesota Appraisals
By Chip Merlin
Causation can be determined by an appraisal panel in Minnesota. The controversy involved a hailstorm where the insurance company denied that any damage was caused by the hailstorm. The insurance…
Drug & Device Law
Kentucky Federal Court Dismisses Pelvic Mesh Case for Lack of Warning Causation and Lack of Safer, Feasible Alternative
If drugs and medical devices undergo a product life cycle, so do drug and medical device litigations. We are currently laboring in the relatively early stage of a Multidistrict Litigation,…
Insurance Law Hawaii
Tenth Circuit Finds Appraisal Can Decide Causation of Loss Under Colorado Law
The Tenth Circuit determined that the Colorado Supreme Court would agree with other state courts that appraisers can decide the causation of a loss. Bonbeck Parker, LLC v.…
Trade Secrets Trends
Ninth Circuit Reminds Plaintiffs That Trade Secret Misappropriation Damages Without Adequate Proof of Causation Are Not Enough
By Kimberley Johnson, Christine B. Hawes, Thomas P. Gies
The Ninth Circuit recently issued an opinion that serves as a reminder of the importance of developing robust affirmative evidence of damages suffered as a consequence of trade secret misappropriation,…
Workers Compensation - Washington
L&I Claims and Causal Relationship Challenges: Diagnoses That Come “Later”
By Tara Reck
If you have a work injury or work-related illness in Washington State, then you can file an L&I claim. Your L&I claim should cover all conditions that arise from the…
Drug & Device Law
Exclusion of Expert Causation Evidence Sounds Familiar
After eschewing our blogging duties during a very long trial—followed by short deliberations and a verdict for the good guys—we are back at it. Normally, a significant criterion in how…
TortsProf Blog
Wright on Multiple Legally Responsible Causes
Richard Wright has posted to SSRN Identifying and Assigning Liability Among Multiple Legally Responsible Causes. The abstract provides:This paper, forthcoming in the Rechtstheorie journal, discusses the development of the NESS analysis…
Drug & Device Law
Another Birmingham Hip Case Bites the Dust
After getting off to a rocky start a few years ago on preemption, cases in the Birmingham hip MDL are falling like dominoes. And just like last week’s case, the…
Workers’ Compensation Law Prof Blog
Greetings from Saint Louis and “What Covid Laid Bare”
I'm writing this post in scorching Saint Louis, where I am a visiting professor at Saint Louis University School of Law for the fall semester teaching workers' compensation and torts.…