Topic
Causation
438 published works
Drug & Device Law
“Regulatory Causation” Roundup
By Bexis
Last week’s Westlaw search (that’s one way we find the cases we discuss in the Blog) brought a blast from the past – a case almost three years old showed…
Drug & Device Law
Lipitor MDL Court Grants Pfizer’s Omnibus Summary Judgment Motion: No Evidence of Causation
For those of us who spend large chunks of our professional lives in mass tort MDLs, expressions like “settlement inventory” are ubiquitous. It is too easy to lose sight of…
Defense Litigation Insider
Another Blow to “Every Exposure” in Asbestos Litigation
Causation opinions from plaintiff’s experts in asbestos exposure cases have undergone a puzzling evolution as they continue to face successful challenges. From “every exposure” to “every exposure above background” and…
Drug & Device Law
Guest Post – Failure to Warn Claim Dead on Arrival Without Testimony from Prescribing Physician
By Bexis
This is a guest post from Michael Salimbene, an associate at Reed Smith. It's about learned intermediary causation, and the need for prescriber testimony. Not infrequently, in mass torts with…
Legal Profession Blog
The Law Of Urban Gun Battles
The District of Columbia Court of Appeals has affirmed a second-degree murder conviction on the basis of the "urban gun battle" theory of causation.Because the decision relies on a 2005…
TortsProf Blog
Sebok on Causation
Tony Sebok has posted to SSRN Actual Causation in the Second and Third Restatements: Or, the Expulsion of the Substantial Factor Test. The abstract provides:This chapter contrasts the Restatement (Third)…
Defense Litigation Insider
Why a Wisconsin Judge Rejected an Asbestos Case as “Disingenuous”
[caption id="attachment_1473" align="alignleft" width="300"] Robert W. Kastenmeier United States Courthouse Madison, WI[/caption] A district court judge for the Western District of Wisconsin has issued a defense-verdict following a three-day bench…
Drug & Device Law
Warning Causation Potpourri in New Jersey Mass Tort
By Bexis
Over the last couple of years, the Accutane mass tort in New Jersey state court has become the gift that keeps on giving. The latest installment is a two-fer: In…
Drug & Device Law
The End of the Road for Pro Se Neurontin Plaintiff with No Evidence of Causation
This past weekend, we paid a return visit to Cleveland, the home of our best law school friend, who braved the (figurative) waters of New Haven with us so many…
Drug & Device Law
Causation Issues in Failure-To-Report Cases – Post-Stengel Precedent
By Bexis
As we blogged at the time, we believe that the Ninth Circuit made a historic error in Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir., 2013) (en banc), when…