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Topic

Causation

438 published works

  1. Drug & Device Law

    Another Zoloft Rule 702 Win: How Many Strikes Before The Plaintiffs Are Out?

    By Eric Alexander

    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…

  2. 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…

  3. Drug & Device Law

    Largely Thankful For The Second Circuit Striking A Blow Against Generalized Proof of Causation

    By Eric Alexander

    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…

  4. Drug & Device Law

    Never Say Never to Lone Pine Orders

    By Stephen McConnell

    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…

  5. 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…

  6. Property Insurance Coverage Law Blog

    Court Applies Broad Interpretation of “Direct” Causation

    By Merlin Law Group

    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…

  7. 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…

  8. Consumer Products Counselor

    Seventh Circuit Recognizes Availability of Differential Etiology to Prove Both General and Specific Causation

    By Gretchen Miller

    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…

  9. 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

  10. Insurance Law Hawaii

    Fire Causing Mudslide That Destroys Home Presents Triable Issue on Causation

    By Tred R. Eyerly

       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. &…