Topic
Causation
438 published works
Drug & Device Law
Warning Causation Sinks Another Generic “Failure To Update” Claim
It’s Delaware week here at the DDL Blog. A couple of days ago we brought you a particularly clear-minded order rejecting innovator liability in the First State (so nicknamed because…
Workers’ Compensation Law Prof Blog
Teaching Workers’ Compensation Causation in Law School
I’m fortunate to have had all my workers’ compensation students as torts students in their first year of law school. I’m in a good position to explain to them that…
Bill Madden's Blog
Inferences, burden of proof and causation
By Bill Madden
With thanks to Awash Prasad for drawing attention to a recent appellate decision from Western Australia: East Metropolitan Health Service v Jane Elizabeth Popovic as executrix of the Will of…
Drug & Device Law
Seventh Circuit Rejects Novel Causation Theory
Having three experts couldn’t save plaintiff’s claims in Robinson v. Davol Inc., 2019 WL 275555 (7th Cir. Jan. 22, 2019). Plaintiffs’ decedent underwent surgery involving a surgical mesh patch and…
TortsProf Blog
Wright on Allocating Liability among Multiple Legally Responsible Causes
Richard Wright has posted to SSRN Allocating Liability Among Multiple Responsible Causes: Principles, Rhetoric and Power. The abstract provides:In Part II of this paper, I discuss the principles underlying just…
Drug & Device Law
The Canary in the Coal Mine Isn’t Looking So Good Anymore
This post comes from the Cozen O'Connor side of the blog only. Last year, we favorably cited Canary v. Medtronic, Inc. 2017 WL 1382298 (E.D. Mich. April 18, 2017),…
Zalma on Insurance
Appraisers Can’t Determine Amount Without First Determining Cause of Loss
By Barry Zalma
First Party Insurance Appraisers & Causation Insurance appraisals are limited to a determination of the amount of loss. Some courts find that the cause of a loss is prohibited by…
Drug & Device Law
Exclusion of Experts and Summary Judgment Affirmed in Maryland HUMIRA Case
A couple of weeks ago, the Drug and Device Law Dog Walker texted us midday to report that a coyote had been spotted in our suburban neighborhood and that we…
TortsProf Blog
Causation in European Tort Law
Marta Infantino and Eleni Zervogianni are editors of "Causation in European Tort Law," available from Cambridge University Press. From the blurb:Through a comprehensive analysis of sixteen European legal systems, based…
Drug & Device Law
Adequate Warnings plus No Warnings Causation Equals Summary Judgment for Defendants in Risperdal Gynecomastia Case
We love the unexpected. We loved standing up after what we thought was the finale of the fireworks show last night only to be left breathless by a stunning and…