Topic
Causation
438 published works
Drug & Device Law
Still No Causation, Still No “Parallel Claim”
We have made it no secret that we think the Ninth Circuit wrongly decided Stengel v. Medtronic. That is the case where the Ninth Circuit reversed express preemption of claims…
TortsProf Blog
JOTWELL Torts: Steel on Voyiakis on Causation
At JOTWELL, Sandy Steel reviews Emmanuel Voyiakis' Causation and Opportunity in Tort.
Agricultural Law and Taxation Blog
Reasonable Foreseeability
OverviewTort cases involve personal injuries or property damage. Most tort cases are based in negligence which is a fault-based system. That means that for a person to be deemed legally…
Workers’ Compensation Law Prof Blog
Workers’ Compensation in Kansas: A Pedagogically-Useful “Quid Pro Quo” Case
I realize that cases do not emerge from life to serve as teaching exemplars for the students in my workers’ compensation or torts classes. Nevertheless, such a case, Endres v.…
Workers’ Compensation Law Prof Blog
A Few Reflections on Cumulative Trauma in Workers’ Compensation Cases
Last week, WorkCompCentral ran a story on cumulative trauma claim-filing in California (behind a paywall here). The story, and readers’ comments following the story, revealed the sharp differences of opinion…
Defense Litigation Insider
Cumulative Exposure Theory Found Inconsistent with Test for Causation and Determined Not Sufficient Basis for Finding Substantial Factor
In a recent case, the Ohio Supreme Court addressed the question of whether the “cumulative-exposure theory” satisfies the “substantial factor” test for a plaintiff to succeed on a claim for…
Drug & Device Law
Eleventh Circuit Confirms Alabama’s Strict Causation Standard and Clarifies the Elements of Informed Consent Claims
In Looney v. Moore, 2018 WL 1547260 (11th Circuit Mar. 30, 2018), the Eleventh Circuit confirmed Alabama law’s rejection of an “increased risk of harm causation standard and established that…
Drug & Device Law
No Proof of Specific Causation Equals Summary Judgment for Defendants in Northern District of Alabama Risperdal Case
We write this as key elements of the Drug and Device Law Passover Feast languish in the oven. Tomorrow, the Drug and Device Law Bubbie will force four generations of…
Drug & Device Law
D. Mass. Applies Causation Analysis to Curtail Restitution
The major sporting event this time of the year is the NCAA basketball tournament. Our money is on Villanova University, because that is where we sent a lot of our…
Ohio Appellate Insights
Merit Decision: Cumulative Exposure To Various Products Containing Asbestos Does Not Establish Substantial Factor Causation. Schwartz v. Honeywell Internatl., Inc.
“It is impossible to reconcile a statutory scheme that requires an individualized finding of substantial causation for each defendant with a theory that says every defendant that contributed to the…