Topic
Causation
438 published works
Property Insurance Coverage Law Blog
The Scope of Appraisal, Part 7: Iowa
The trend continues for courts to interpret the scope of appraisal to include the determination of causation. The Iowa Court of Appeals joins the list of courts stating that the…
Labor Law Prof Blog
Ford: How Do We Define Stuff Like “Discrimination”?
Richard Ford (Stanford) has just posted on SSRN his article (forthcoming Stanford L. Rev. 2014) Bias in the Air: Rethinking Employment Discrimination Law. Here's the abstract:Employment discrimination jurisprudence assumes that…
Drug & Device Law
Statistics Not Necessary For Adequacy as a Matter Of Law
By Bexis
Courtesy of Mike Imbroscio of Covington (who was on the winning team) today’s post is about a very satisfying Cymbalta win – not only did warning causation fail under the learned intermediary…
Drug & Device Law
Anatomy of a Rule 702 Win
There are times that you can tell that a witness at a deposition just isn’t committed to his or her answers. They get long-winded, creeping toward the ultimate answer, circling it,…
Mass Torts: State of the Art
Discretizations
By David Oliver
Jumping the Snark: Erionite in Mexican Town Tied to High Rate of Mesothelioma (or, how "Sir, have you ever been to Turkey?" became too cute by half) Plaintiffs' Experts Were Really,…
TortsProf Blog
Wright on Moore on Causation and Responsibility
Richard Wright (Chicago-Kent) has posted to SSRN Moore on Causation and Responsibility: Metaphysics or Intuition?. The abstract provides:This paper was prepared for a festschrift in honor of Michael Moore to…
Sentencing Law and Policy
Based onBurrage, split Sixth Circuit panel reverses federal hate crime convictions for Amish beard-cutters
Main August 27, 2014Based on Burrage, split Sixth Circuit panel reverses federal hate crime convictions for Amish beard-cuttersRegular readers may recall lots of coverage early last year concerning the unusual…
Drug & Device Law
Plaintiffs’ Causation Case in The Zoloft MDL: Is Anything Left After A Second Rule 702 Opinion?
The week after Weeks II, we are not in position to tout our prognosticating on that decision. We had certainly hoped that a rehearing would have signaled a smarter approach to considering innovator…
Sentencing Law and Policy
“May the government try John Hinckley for James Brady’s murder?”
Main August 9, 2014"May the government try John Hinckley for James Brady’s murder?"The question in the title of this post is the headline of this astute analysis by Eugene Volokh…
TortsProf Blog
Oberdiek on Proximate Cause
John Oberdiek (Rutgers-Camden) has posted to SSRN Putting (and Keeping) Proximate Cause in Its Place. The abstract provides:This is a draft contribution to a forthcoming fetschrift in Michael S. Moore's…