Topic
Causation
438 published works
Drug & Device Law
Causation Prevails to Garner Defendants a Summary Judgment Win in Birmingham Hip MDL
This blog is no stranger to the In re Smith & Nephew Birmingham HIP Resurfacing (BBR) HIP Implant Products Liability Litigation, MDL 2775, pending in the District of Maryland. Nor…
Consumer Class Defense Counsel
It’s Personal: No Causal Link, No Claim?
By Tony Tootell, Paul R. Piaskoski
For any company facing a product liability lawsuit, it is critical at the outset to assess whether the forum court actually has the power to render a judgment against the…
Drug & Device Law
Lack of Causation Fells Third-Payor Claims in Xarelto MDL
The Xarelto personal injury claims settled in 2019 after six bellwether trials all ended with defense verdicts. What remained, until now, were several third-party payor (health insurers, “TPPs”) actions that…
China Law Insight
中介机构证券虚假陈述民事责任专题探讨（四）——因果关系认定之疑难问题
By King & Wood
随着我国证券虚假陈述民事赔偿机制运作的不断成熟、证券监管机构的执法力度不断加大、对中介机构责任的不断压实，证券中介机构被提起证券虚假陈述索赔诉讼、甚至被判决承担巨额赔偿责任的风险也在逐步加大。作为证券合规、证券诉讼领域的专业律师团队，近年来我们成功代理了数起中介机构涉及的证券虚假陈述责任纠纷案件，从中也积累了对相关问题的感悟与见解。对此，我们整理形成了本系列文章，以供各界同仁交流探讨。
Drug & Device Law
Causation and The Learned-Intermediary Doctrine
Today we report on two cases involving the learned-intermediary doctrine. One holds that the doctrine applies in the context of clinical trials; the other holds that it applies even when…
Lawyers on Strike
Cause And Effect
By John Regan
Two items this morning remind us of how difficult it can be to focus on what causes what. Post hoc ergo propter hoc. It makes sense to infer that what…
New York Attorney Malpractice Blog
How Do You Prove the “But For”?
Traditionally, one pleads: “If this, then that.” However, when proposing how persons would have reacted to a specific stimulus, in the legal malpractice setting, one must avoid speculation. So, attorney…
UK Human Rights Blog
Testing the boundaries of causation in mesothelioma deaths
Asbestos fibres viewed under an electron microscope. Image: Flickr Wandsworth BC v HMC for Inner West London [2021] EWHC 801 (Admin) — read judgment Mesothelioma deaths arising from asbestos regularly…
Defense Litigation Insider
Supreme Judicial Court Adopts But-for Causation Test in Most Negligence Cases and Its Impact on Toxic Tort Litigation
The Massachusetts Supreme Court recently issued a decision in Doull v. Foster in which it adopted the “but-for” standard for causation in negligence cases. The Court held that the but-for…
Drug & Device Law
N.D. Alabama Delivers One-Two Punch – Part Two
Last week we posted about the Daubert decision in Lowery v. Sanofi-Aventis LLC, that tossed out both plaintiff’s medical causation expert and FDA expert. As promised, that was just the…