Topic
Causation
438 published works
Drug & Device Law
Another Zoloft Rule 702 Win: How Many Strikes Before The Plaintiffs Are Out?
Everybody knows that it is three strikes and you are out in baseball. (Bexis and Ken Burns could discuss the history of baseball’s rules on balls and strikes in the…
Drug & Device Law
Lost Chance Loses In Product Liability
By Bexis
Occasionally we see plaintiff-side experts attempt to opine, to a reasonable degree of medical certainty (or sometimes probability), that one of our clients’ products was a substantial factor – not in “causing” the…
Drug & Device Law
Largely Thankful For The Second Circuit Striking A Blow Against Generalized Proof of Causation
This being the week of Thanksgiving, we would be remiss to fail to weave in something about the great American (or ‘merican) holiday of giving thanks, eating turkey, watching football, and pondering the…
Drug & Device Law
Never Say Never to Lone Pine Orders
After our last two posts, we received emails blasting us for being insensitive to the plight of injured plaintiffs. That struck us as unfair, given that the posts pertained to the technical issues…
The Energy Law Blog
A Rose by Any Other Name: Texas Court of Appeals Says Nuisance “Symptoms of Discomfort” Require the Same Proof of Causation as “Disease”
By Michael A. Golemi, Liskow & Lewis
In what may appropriately be called a “swing and a miss”, the Fourth Court of Appeals in San Antonio has rejected plaintiffs’ attempt to avoid the need for medical expert…
Property Insurance Coverage Law Blog
Court Applies Broad Interpretation of “Direct” Causation
Plaintiffs owned a home in Arizona insured by Metropolitan Property and Casualty Insurance Company.1 The “Wallow Fire” occurred near the property and consumed the plaintiffs’ detached garage. It also burned…
Product Liability & Mass Torts Blog
Seventh Circuit Ruling On Scientific Evidence Closes Some Doors But Opens Others
By Robert H. Riley, Neil Lloyd, Brian O'Connor Watson
Exposure to potentially harmful substances at some level is a fact of modern life. These substances are everywhere — in the air we breathe, in the food we eat, and…
Consumer Products Counselor
Seventh Circuit Recognizes Availability of Differential Etiology to Prove Both General and Specific Causation
On Aug. 26, 2015, the Seventh Circuit affirmed the exclusion of three expert witnesses who proffered opinions based on differential etiology as unreliable, but noted that “there may be a…
Mass Tort Defense
Exclusion of Causation Expert Upheld
By Sean Wajert
The Seventh Circuit recently held that a lower court was correct to preclude a proposed causation expert from testifying for the plaintiffs in a suit
Insurance Law Hawaii
Fire Causing Mudslide That Destroys Home Presents Triable Issue on Causation
The Ninth Circuit determined that a mudslide destroying the insureds' home may be covered as a direct loss due to fire that preceded the mudslide. Stankova v. Metro. Prop. &…