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Causation

438 published works

  1. Drug & Device Law

    Whodunit? Not the Tanning Lotion

    By Michelle Yeary

    Every good mystery needs a red herring. The suspicious houseguest. The gardener with the shaky alibi. The tanning lotion sitting quietly on the bathroom counter while the actual culprit —…

  2. Faeger Drinker on Products

    Third Circuit Confirms Correlation Still Does Not Prove Causation

    By Lukas K. Stoutenour

    A recent Third Circuit decision is a useful and quotable reminder that temporal correlation is not enough to prove causation. Causation is an indispensable element of any product liability action.…

  3. Bill Madden's Blog

    Medical: Inference of factual causation – birth claim.

    By Bill Madden

    Daniella Lalezari v North Metropolitan Health Service [2026] WADC 68 (Link to JADE). This claim arose from the birth of the plaintiff in 2020 at King Edward Memorial Hospital. At…

  4. Tortini

    Acetaminophen – Partisan Politics Corrupts Scientific Assessments – Part 2

    By Nathan A. Schachtman

    Most medico-legal controversies over causation resolve in the pages of medical journals and within the walls of state and federal courthouses. The claim that pregnant women’s ingestion of acetaminophen causes…

  5. Tortini

    Acetaminophen – No Cure for Bad Jurisprudence – Part 1

    By Nathan A. Schachtman

    INTRODUCTION Two weeks ago, the Second Circuit reversed the summary judgment entered by Judge Denise Cote, in the acetaminophen autism litigation. Judge Cote had excluded the plaintiffs’ expert witnesses on…

  6. Drug & Device Law

    Third Circuit Vacates Avandia Class Cert—Correlation Is Not Causation

    By Steven Boranian

    The order certifying a class of third-party payors in the long-running Avandia MDL was the wrong result for the wrong reasons, and the Third Circuit has now vacated that order…

  7. Tortini

    The Recrudescence of Ferebee – Part Two

    By Nathan A. Schachtman

    In 2010, almost 30 years after Ferebee was decided, the Solicitor General cited the case in an amicus brief before the Supreme Court case, in Matrixx Iniatives, Inc. v. Siracusano.…

  8. Law Web

    Supreme Court: Injury caused Due To felling of Tree branch On Stationary Vehicle Not ‘Motor Accident’; Can’t Lodge MACT Claim

    By Law Web

     In the context of motor accidents the expressions "caused by" and "arising out of" are often used in statutes. Although both these expressions imply a causal relationship between the accident…

  9. Inside Class Actions

    Standing Found, But Negligence Fails: Eastern District of Michigan Dismisses Data Breach Claims for Lack of Causation

    By Sam Greeley

    In a consolidated putative class action arising out of an alleged data breach, In re A-Line Staffing Solutions Data Security Incident Litigation, Case No. 24-cv-11917 (E.D. Mich. May 27, 2026),…

  10. Drug & Device Law

    Adverse Event Reports May Not Be Used to Establish Causation

    By Eric Hudson

    It’s hard to think of any recent litigation where plaintiffs didn’t seek overblown discovery about adverse event reports and then have their experts rely on those reports in an effort…