Topic
Causation
438 published works
TortsProf Blog
Turton: Evidential Uncertainty in Causation in Negligence
Hart Publishing has just released Gemma Turton's Evidential Uncertainty in Causation in Negligence. The blurb:This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty…
Drug & Device Law
Another Off-Label Promotion Third Party Payor Case Lacks Causation
July in D.C. is hot and sticky. When scorching day follows scorching day, area residents look forward to evening thunderstorms, not just to water otherwise thirsty lawns and gardens but…
Drug & Device Law
First Circuit: Plaintiffs’ Specific Causation Expert Fails to Pass Muster in Benzene Case
By Andrew Tauber, Rachel B. Weil
Last week, we (along with many of you, we assume) attended the DRI Drug and Medical Device conference in Chicago. We re-connected with friends dating to the beginning of our…
ContractsProf Blog
Materiality, Reliance and Causation All Intertwined Elements of Fraud
Jury instructions that cause a jury to answer questions indicating that a defendant has made a negligent misrepresentation, that the plaintiff reasonably relied on this statement, but that this did…
Drug & Device Law
TPPs Fail to Put Their Money Where Their (Litigation) Mouth Is and Lose
In third party payor litigation over prescription medical products, we have often marveled at the causation arguments that plaintiffs have offered and the willingness of some courts to accept collective…
TortsProf Blog
Puppe & Wright on Causation
Ingeborg Puppe & Richard Wright have posted to SSRN Causation in Law: Philosophy, Doctrine and Practice. The abstract provides:Causation plays an essential role in attributions of legal responsibility. However, considerable confusion…
Drug & Device Law
Preemption And Causation Do Away With Contraception Lawsuit
With Spring Training well underway, we took notice of the solid base hit delivered last month by the Northern District of California in La Paz v. Bayer Healthcare LLC, No. C 15-03995,…
Drug & Device Law
New York Court of Appeals Rejects Specific Causation Expert Opinion under Frye Standard
Put quotes around the phrase “litigation science” and Google it. Go ahead, we’ll wait. . . . . What did you find? Not good, right. You found a lot. Too…
British Columbia Insurance Blog
The legal causation test for statutory accident benefits is the “but for” test
Despite language indicative of the "material contribution" causation test, the legal causation test for statutory accident benefits is the "but for" test. Kozhikhov v. Insurance Corp. of British Columbia, [2015]…
TortsProf Blog
Dillbary on Causation
Shahar Dillbary has posted to SSRN Causation Actually. The abstract provides:The article debunks the consensus that in concerted action, concurrent causes and alternative liability situations, the actual causation requirement is…