Topic
Causation
438 published works
Drug & Device Law
The Unknown Unknowns – Differential Etiology and Idiosyncrasy
By Bexis
Donald Rumsfeld once justified attacking Iraq without firm evidence that his target possessed the ultimately apocryphal “weapons of mass destruction” by citing fear of the unknown: Reports that say that…
Drug & Device Law
Prescription Medical Product Causation – Expert Required − Part Three
By Bexis
Here is the third and final part of our 50-state opus on precedent supporting the principle that plaintiffs asserting claims dependent on propositions that ordinary people aren’t expected to know…
Understanding the ADA
Is Causation Under Title I But For Causation? Ninth Circuit Says Yes; I Say No
Before starting on today’s blog entry, I do want to wish a speedy recovery to Justice Ginsburg. Regardless of your political views or your jurisprudential views, you can’t argue that…
World of Employment
Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act
On Tuesday, August 20, the Ninth Circuit Court of Appeals in a case entitled Murray v. Mayo Clinic, joined four other Circuit Courts of Appeal in holding that a “but…
Drug & Device Law
Prescription Medical Product Causation – Expert Required – Part Two
By Bexis
What follows is the second part of our extensive 50-state of cases precluding plaintiffs from proceeding with claims in the absence of admissible expert support. Part One was last week. …
Drug & Device Law
Taxotere Court Excludes Expert Opinion on How the Medical Community Would Have Reacted to a Different Warning
We write today about a partial exclusion of a plaintiff expert in the upcoming Taxotere bellwether trial. We have blogged about other aspects of the Taxotere litigation previously. (Here and…
Drug & Device Law
Finally, Some Sanity About Roundup
By Bexis
While it’s not prescription medical product liability litigation, per se, we’ve been aghast, scratching our heads about the recent litigation firestorm surrounding the pesticide Roundup and its active ingredient, glyphosate. …
Pennsylvania Law Monitor
In Medical Malpractice, “Causation” is Often the Most Difficult Element to Prove
Stated simply, medical malpractice, or medical negligence, is medical care or treatment that falls below the accepted standard of care and causes actual harm to a patient. In a medical…
Bill Madden's Blog
Summary judgment application based on agreement between experts in conclave & breach issue concerning referral to specialist
By Bill Madden
Ngo v Elysee [2019] NSWCA 123 saw the NSW Court of Appeal consider a breach of duty / causation argument and also consider the inappropriateness of bringing a summary judgment…
Defense Litigation Insider
NYCAL Opinions on Causation May Spark Increase in Summary Judgments
“Insufficient evidence as a matter of law.” This language, contained in a brief one paragraph opinion in which New York’s highest court affirmed an appellate decision to set aside a…