Topic
Causation
438 published works
Workers’ Compensation Law Prof Blog
New Scholarship: Tort Liability for Aggressive Anti-Maskers
In a timely article, a father and son pair of Philadelphia-area authors theorize about the tort suits that might be filed by victims (mostly workers are hypothesized) of the…
Health Law Prof Blog
Causation in Civil Rights Legislation
Hillel J. Bavli (Southern Methodist University), Causation in Civil Rights Legislation, SSRN:Employees are often left unprotected from discrimination because they are unable to satisfy the requirement of causation. Courts have…
Drug & Device Law
Failure to Read Means No “Warnings Causation” in Hip Implant Case: Summary Judgment on Warnings Claims
We begin with a cautionary tale (with a happy ending) about life with an aging dog. Our vet estimates that one of our treasured Drug and Device Law Little Rescue…
Drug & Device Law
When It’s Not Quite Physician Failure To Read
By Bexis
We have a long, 50-state survey post entitled “Don’t Forget About A Prescribing Physician’s Failure To Read Warnings,” about a subject as to which we feel strongly enough that we…
Drug & Device Law
Learned Intermediary Rule and Failure to Depose Treater Combine to Clobber Iowa Pelvic Mesh Claims
Kelly v. Ethicon, Inc., 2020 U.S. Dist. LEXIS 191665 (N.D. Iowa Oct. 16, 2020), is a remanded pelvic mesh case. The complaint included the usual panoply of causes of action…
Workers’ Compensation Law Prof Blog
Can Workers’ Compensation Covid Causation Presumptions Have Preclusive Effect in Tort Cases?
One of the more interesting fact scenarios playing out in recent months centers on the scope of workers’ compensation exclusivity: an employee becomes exposed to coronavirus but does not herself…
Tort Talk
Pennsylvania Superior Court Reviews When Treating Physician May Testify As to Causation (Non-Precedential)
In the Non-Precedential decision of Krolikowski v. Ethicon Womans’ Health & Urology, No. 2025 MDA 2019 (Pa. Super. Aug. 11, 2020 McCaffery, J., Bowes, J., Ford Elliot, P.J.E.) (Op. by…
TortsProf Blog
COVID-19 Cruise Ship Cases Dismissed for Problems with Causation, Injury
At Law.com, Amanda Bronstad has a piece covering the dismissal, without prejudice, of cases filed by passengers alleging they caught COVID-19 on a cruise ship. Two different federal judges in…
Health Law Prof Blog
Multiple Causes and Stacked Inferences
Shahar Dillbary (University of Alabama), Multiple Causes and Stacked Inferences, 176 J. Instit. & Theoretical Econ. 54 (2020):When the accident is a mystery — when it is not clear what…
Labor Law Prof Blog
Noodling Over Bostock
I know I’m consumed with causation (there’s probably help available for that), but one of the many interesting things about Bostock is Justice Gorsuch’s focus on “but-for” causation. Some of…