Topic
Causation
438 published works
TortsProf Blog
Hylton on the Hand Test and Causation
Keith Hylton has posted to SSRN Information and Causation in Tort Law: Generalizing the Learned Hand Test for Causation Cases. The abstract provides:This paper discusses the economics of causation in…
Labor Law Prof Blog
Eisenstadt on Causation in Criminal/Employment Cases
Leora F. Eisenstadt (Temple, Fox School of Business), has just posted on SSRN her interesting article, "Causation in Context", which critiques the Supreme Court's application of similar causation standards to employment…
Mass Tort Defense
Alabama Legislature Enacts Causation in Fact Requirement
By Sean Wajert
There is likely no more fundamental notion in product liability law than the recognition that the defendant's product must cause the injury complained
Drug & Device Law
An Atypical View of Causation and Harm from South Carolina
We have had some time now to ruminate over the South Carolina Supreme Court’s opinion in State of South Carolina ex rel. Wilson v. Ortho-McNeil-Janssen Pharmaceuticals, Inc., No. 2012-206987, 2015 WL 775094 (S.C.…
Drug & Device Law
Specific Causation + General Verdict = Pain Pump Defense Win
Today’s newsflash: winning is good. Winning is better than losing. Winning at trial is especially good. Winning at trial enhances the chance of winning on appeal. But are there ways to win at…
West Australian Medical Negligence Law Blog
Mules v Ferguson: peer defence overturned + patient wins!
I read with interest the Queensland Court of Appeal's recent decision in relation to this matter. The Court of Appeal by a 2:1 majority overturned the trial judge’s earlier rejection…
Mass Tort Defense
MDL Court Rejects Plaintiffs’ New Causation Experts
By Sean Wajert
The MDL judge in the Denture Cream Products coordinated litigation has rejected all of plaintiffs' general causation experts. See In re Denture Cream
Insurance Law Hawaii
Appraisers May Determine Causation
In a case of first impression, the Iowa Court of Appeals held that an appraisal may determine issues of causation. North Glenn Homeowners Association v. State Farm Fire & Cas.…
Texas Employment Lawyer
Four references to an employee’s protected activity during a much longer meeting where multiple subjects were discussed is sufficient to create a fact issue as to causation.
“While it is true that these statements are few in number, and that much of the meeting was spent discussing other subjects, their number does not strip the statements of…
Texas Employment Lawyer
A time lapse of five (5) to six (6) months does not negate a causal connection between an employee’s engagement in a protected activity and her discharge.
By Eric P. Dama
“The Fifth Circuit has suggested that an extended gap of time between the plaintiff engaging in a protected activity and an adverse employment action can cut against a finding of retaliation. Mayberry v.…