Topic
Causation
438 published works
D.C. Medical Malpractice Blog
Have Medical Malpractice Lawsuits Caused a Dangerous Rise in C Sections? (Part 2)
In our last post, we discussed the curious implications of a highly cited, provocative medical paper, Yang et. al's "Relationship Between Malpractice Litigation Pressure and Rates of Cesarean Section and…
TortsProf Blog
Causation, Liability and Apportionment Law, Economics and Philosophy
The conference Causation, Liability and Apportionment: an Interdisciplinary Perspective: Law, Economics and Philosophy is organized by the BETA (Bureau of Theoretical and Applied Economics, University of Lorraine and UDS, CNRS).…
Notice of Appeal
Washington Supreme Court Declines to Blame Gun Owner for Injuries Caused When a Child Took the Loaded Gun to School
In the denouement of a much-publicized case, the Washington Supreme Court ordered a trial court to dismiss charges against Douglas Bauer, a man who left a loaded gun accessible to…
TortsProf Blog
Texas Supreme Court Rejects “Any Exposure” Theory of Asbestos Causation
In Bostic v. Georgia Pacific Corp., the Texas Supreme Court rejected the "any exposure" or "some exposure" theory of causation, and held that a "substantial factor test" applies to causation…
Drug & Device Law
Hoisted By Her Own Petard: A Qualified Epidemiologist’s Causation Opinions Get Tossed Across An MDL
Birth defects are scary. We suspect most parents among our readers can remember their relief upon hearing the pronouncement “normal” during a sonogram and when the post-birth count of fingers and toes came up…
Labor Law Prof Blog
At Friend of the Court blog (http://friendofthecourtblog.wordpress.com/), I am exploring causation questions in discrimination law. I am creating a list of law review articles about causation and would like to…
Drug & Device Law
Eleventh Circuit Affirms Brown on Lack of Warning Causation
Not quite a year ago we praised a decision out of the Northern District of Georgia for dispatching a plaintiff’s expert after applying Daubert and dispatching an entire case after…
Corporate & Securities Law Blog
First Circuit Affirms District Court’s Exclusion of Event Study as Unreliable Under Daubert
In Bricklayers & Trowel Trades Int’l Pension Fund v. Credit Suisse Sec. (USA) LLC, No. 12-1750, 2014 U.S. App. LEXIS 8994 (1st Cir. May 14, 2014), the United States Court…
Law & Economics Prof Blog
Paroline v. US: Restitution to Victims of Child Porn from Views of It
I haven't had time to read it, but Paroline v. US, which came out today, is an interesting and hard case about causation and burdens of proof. Paroline…
Mass Torts: State of the Art
Three Straw Men on a Witch Hunt
By David Oliver
He who is accused of sorcery should never be acquitted, unless the malice of the prosecutor be clearer than the sun; for it is so difficult to bring full proof…