Topic
Causation
438 published works
Drug & Device Law
A Good Rule 702 Ruling in Any Language
Our two favorite television shows occasionally force us to follow subtitles while a character is speaking a harsh (to our ears, anyway) foreign language. In The Americans, the spies in the Russian…
Drug & Device Law
Common Sense Contraceptive Warnings Cases
Even a casual reader of the blog would know that we like it when drug or device manufacturers defeat dubious claims. It is also no secret that we are enamored of the learned…
Drug & Device Law
Causation Requirement Trips Up Off-Label End-Run Around Mensing
Happy Birthday LEXIS/NEXIS, whose legal research service went up on this date back in 1973. There’s no doubt that LEXIS/NEXIS has made our professional lives considerably easier. We’ve long since…
Insurance
Court of Appeal allows claim for breach of statutory duty in PPI case
Saville v Central Capital Limited [2014] EWCA Civ 337 Court of Appeal finds credit broker liable for breach of statutory duty on the basis that had they met ICOBS requirements,…
The Appellate Strategist
California Supreme Court To Consider Causation in Workers Comp for Medication-Related Injuries
By Kirk Jenkins
In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing…
GlobalTort
Is There a Causative link Between HPV and Lung Cancer?
By Kirk Hartley
With the continuing surge in lung cancer claiming, more attention will focus on causation issues. A new paper in Carcinogenesis finds a statistical link between HPV and lung cancer in…
Drug & Device Law
Ninth Circuit Toes the Line on Learned Intermediary and Warning Causation
Any U.S. Circuit Court clerkship should add some sparkle to a resume, but we used to take endless grief about the Ninth Circuit’s reputation for liberalism and for Supreme Court reversals. …
Law and the Workplace
No Longer a “Motivating Factor”: E.D.N.Y. Rules New “But-For” Causation Standard for Retaliation Retroactive
Employers who have recently suffered defeats on Title VII retaliation claims now have reason to ask for reconsideration under applicable rules. The Eastern District of New York, in Sass v.…
Labor Law Prof Blog
Causation, Again
There's an interesting post from the Whistleblower Law Blog, Burrage v. U.S. — Can a Heroin Dealer Help to Clarify Whistleblower Law?, the theme of which is that the but-for…
White Collar Crime Prof Blog
Supreme Court Narrowly Defines Term “Result From”
The degree of causation necessary to impose legal blame is an interesting philosophical, policy and, of course, legal issue. It is an issue that probably arises more often in tort…