Topic
Causation
438 published works
Drug & Device Law
Third Circuit Requires But-for Causation for False Claims Act/Off Label Retaliatory Claim
Today we are talking about a case that is not exactly in the heartland of what we generally examine. It is not a product liability or mass tort case. But it…
Drug & Device Law
Avandia Case Flunks Warning Causation
We’re now into the New Year but aren’t completely done with the old one. The name of the first month of the year, January, is conventionally attributed to Janus, the…
Ship Law Log
CV Stealth – Arrest of vessel under Shelltime 4 – causation
By way of follow up to our blog on this matter dated 3 May 2016, the Commercial Court heard a further arbitration appeal earlier this month arising out of the…
FCA Update
Seventh Circuit Reevaluates and Adopts More Stringent FCA Causation Standard
On October 23, 2017, the US Court of Appeals for the Seventh Circuit reversed itself by determining that proximate cause—and not the “but-for” causation test that the court adopted 25…
Workers’ Compensation Law Prof Blog
Wyoming Workers’ Compensation Symposium #2
I'm pleased to announce that the second of our four University of Wyoming College of Law Symposia to be conducted during the 2017-2018 school year will be held on Friday,…
Ohio Appellate Insights
What’s On Their Minds: Court Tackles Substantial Factor Causation in Asbestos Exposure Case. Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. Honeywell International, Inc. et al.
Update: On February 8, 2018, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. “Given the current status of the science in…
Drug & Device Law
Federal Court Says VA Can’t Block Prescriber’s Deposition
We all know how important a prescriber’s testimony is in a drug or device case. In many jurisdictions, the testimony of the prescriber is a mandatory requirement if a plaintiff…
CrimProf Blog
Robbins & Litton on Crime, Punishment, and Causation
Philip Robbins and Paul Litton (University of Missouri - Department of Philosophy and University of Missouri School of Law) have posted Crime, Punishment, and Causation: The Effect of Etiological Information on the Perception…
Drug & Device Law
New Jersey Appellate Court Very “Relaxed” About Expert Testimony in Accutane Litigation
The court may have taken a relaxed approach, but its decision has done nothing but raise blood pressures over at that DDL blog. The course of the Accutane litigation in…
Drug & Device Law
Causation Testimony Excluded as “Unhelpful” and “Unreliable” in Heart-Lung Machine Death Case
One of the wonders of parenthood is its ability to deliver interludes so sublime in their exquisite simplicity that they provoke smiles long after they end. Such was an evening…