Topic
Causation
438 published works
Drug & Device Law
Guest Post – Causation or No Causation, That Is the Question.
By Bexis
Today we feature another guest post from our European correspondents, Reed Smith partner Marilyn Moberg and associate Kathryn Bond. There has been another significant decision from the Court of Justice…
Labor Law Prof Blog
Missouri Amends and Preempts its Employment Law
A few weeks ago, Missouri’s governor signed SB43. That law amends the State’s employment law, including the Missouri Human Rights Act (MHRA), its anti-discrimination statute—mostly in employer-friendly ways. (For media…
Property Insurance Coverage Law Blog
Experts Regarding Causation Can Be More Important Than Witnesses — or, Don’t Believe Your Lying Eyes When Your Insurance Company Hires an Expert
By Chip Merlin
Insurance companies hire all kinds of experts to help them for all kinds of reasons. The problem is that some experts are not honest and never try to find the…
Drug & Device Law
Third Circuit Gets Right Result In Affirming Rule 702 Exclusion
Earlier this week, we posted on the Ninth Circuit’s conversion of the Daubert’s gate (that the trial court should keep) into more of a swinging saloon door. A week before the…
PrawfsBlawg
Remand in Haeger v. Goodyear
Main Wednesday, June 14, 2017Remand in Haeger v. GoodyearI covered Goodyearv. Haeger for SCOTUSBlog earlier in the Term, when the Court held that bad-faith attorney's fee sanctions must satisfy a…
Drug & Device Law
Another One Bites the Dust: Plaintiff’s Causation Expert Excluded in Hernia Mesh Litigation
We spent Sunday evening in the familiar confines of a top-notch local professional theatre. The production was a short (80-minute), two-character play. It was entirely dialogue-driven, so everything the audience…
Drug & Device Law
Plaintiffs’ Causation Expert Renounces His Own Conclusions – and Withdraws – in Mirena IIH Litigation
We have blogged before about the Mirena IUD litigation. Cases alleging injuries from device migration and uterine perforation were centralized in an MDL in the Southern District of New York,…
Drug & Device Law
District Judge in SDNY Adopts Magistrate’s Recommendation to Dismiss Failure to Warn Claim Based on Lack of Proximate Causation
Doctors warn patients and decide which warnings to give. Manufacturers warn doctors and, if a particular doctor already knows a particular risk, it doesn’t even matter—in a court room, that…
Workers’ Compensation Law Prof Blog
Pennsylvania Commonwealth Court Citing AMA Causation Guides (Second Edition) and its Reference to the Bradford Hill Criteria
The AMA Guides to the Evaluation of Permanent Impairment, now in its Sixth Edition, is an iconic text well known to all in our field. And, of course, in my…
Drug & Device Law
Unreliable Expert Causation Evidence Ends Birth Defect Case
We have posted several times in the last few years (like here, here, here, and here) about cases alleging birth defects from maternal SSRI use during pregnancy. Perhaps because of…