Topic
Causation
438 published works
Drug & Device Law
Whodunit? Not the Tanning Lotion
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 —…
Faeger Drinker on Products
Third Circuit Confirms Correlation Still Does Not Prove Causation
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.…
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…
Tortini
Acetaminophen – Partisan Politics Corrupts Scientific Assessments – Part 2
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…
Tortini
Acetaminophen – No Cure for Bad Jurisprudence – Part 1
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…
Drug & Device Law
Third Circuit Vacates Avandia Class Cert—Correlation Is Not Causation
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…
Tortini
The Recrudescence of Ferebee – Part Two
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.…
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…
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),…
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…