Topic
Causation
438 published works
Inside the False Claims Act
Courts Grapple with Causation Requirement in FCA Cases Based on Violations of Anti-Kickback Statute
By Molly Ruberg
Congress amended the Anti-Kickback Statute (AKS) in 2010 to confirm that a claim “resulting from” an AKS violation constitutes a false or fraudulent claim for purposes of the FCA. 42…
The Faculty Lounge
Tort Meets Abortion!June Medical Services LLC v. Russooral argument on Wednesday, March 4
Tort law and abortion rights intersect rarely enough that an oral argument set for Wednesday, March 4 at the Supreme Court feels momentous. This occasion brings me to The Faculty…
Steve Cornforth Blog
Concerning A History Lesson, the Courts and the Supremacy of Parliament
It is a sign of aging when legal developments that you remember are now a part of legal history. Equally lessons from history are helpful, especially in the light of…
Drug & Device Law
No Physician Testimony, No Causation in Georgia and Delaware
This is a quick-hit post bringing you two first-of-their-kind orders on proving causation in cases alleging inadequate drug or medical device warnings. In orders applying Georgia’s and Delaware’s versions of…
Work Comp & Employment Law Insight
Armstrong v. Longview Farms – Differentiating acute injuries and pre-existing conditions in determining causation
By Laura Hensley, Charlie Larson
On January 15, 2020, the South Dakota Supreme Court issued an opinion in Armstrong v. Longview Farms, LLP, 2020 S.D. 1, that differentiates between the effects of an acute injury…
Property Insurance Coverage Law Blog
Texas Appraisal Allows Determination of Causation and Upholds Zero Award
By Chip Merlin
Texas has a lot of insurance claims decided by appraisal. Maybe the appraiser for one insured should have gone to Steve Patrick’s appraisal class because the umpire and insurer’s appraiser…
Zachar Law Blog
Do I have a personal injury case, even if I don’t feel hurt immediately following the car accident?
By Chris Zachar
Yes. When a symptom of an injury arises is not definitive of a legal claim. While a delayed symptom can impact the causative relationship between a wrongful act (e.g. getting…
Alabama Workers' Comp Blawg
In Alabama, Absent Supporting Medical Evidence, “Substantial Evidence” is Necessary to Prove Causation
By Michael Fish
On November 15, 2019, the Alabama Court of Civil Appeals released its opinion inEx parte Sea Coast Disposal, Inc., in response to a Petition for Writ of Mandamus. The…
Workers' Compensation Defense Blog
Material Cause Standard Applied to Medical Services in Oregon Combined Condition Claim
By Karen Varney
Material Cause Standard Applied to Medical Services in Oregon Combined Condition Claim By Karen Varney, Nov 18, 2019 Karen S. Varney On remand from the Oregon Court of Appeals, the…
Bill Madden's Blog
Leave to appeal refused: Breach and causation issues
By Bill Madden
Phelan v Melbourne Health [2019] VSCA 205 (available on Jade) was an application for leave to appeal from a judgment in favour of a defendant, where the applicant had been…