Topic
Causation
438 published works
Sentencing Law and Policy
SCOTUS unanimously rules inBurragethat causation requirement precludes drug defendant facing mandatory minimum for abuser’s death
Main January 27, 2014SCOTUS unanimously rules in Burrage that causation requirement precludes drug defendant facing mandatory minimum for abuser's deathIn its one criminal justice ruling this morning, the Supreme Court…
Drug & Device Law
No Causation, No Claim
Today we feature a case that exemplifies two principles that we routinely encounter in our practices, but rarely at the same time. First, there is no more sympathetic plaintiff than a disabled…
Drug & Device Law
Breaking News – That Monster Is Still Defanged
By Bexis
Back in March, we reported that a monstrous $27.6 million verdict had been tossed by the Pennsylvania Superior Court in Polett v. Public Communications Inc., No. 1865 EDA 2011, slip op., (Pa. Super.…
New York Attorney Malpractice Blog
Finding the Departure is Easy…It’s the Rest that is Hard in Legal Malpractice
Battling over the "but for" portion of the legal malpractice requirements is generally where commercial cases such as Garten v Shearman & Sterling LLP 2013 NY Slip Op 00035 Appellate…
Property Insurance Coverage Law Blog
The Scope of Appraisal, Part 2: New Jersey
In The Scope of Appraisal: Does It Include Causation, I addressed property insurance appraisals in Florida, where the law is well established with multiple reported decisions regarding the scope of…
Sentencing Law and Policy
Two notable SCOTUS criminal law arguments (with federal mandatory minimums at issue)
Main November 11, 2013Two notable SCOTUS criminal law arguments (with federal mandatory minimums at issue)The Supreme Court Justices could have perhaps benefited from this long weekend by hanging out with…
The Appellate Strategist
Florida High Court Reinstates $1.2 million Judgment Against Law Firm of Prospective Client
On October 24, 2013, the Florida Supreme Court reinstated a $1.2 million final judgment awarded to a prospective client of a personal injury law firm who sat in a…
Drug & Device Law
“Differential Diagnosis” Cannot Save The Day
Reading the recent order in Morritt v. Stryker Corp., 1:07-cv-02319, 2013 U.S. Dist. LEXIS 136843 (E.D.N.Y. Aug 12, 2013) (Report and Recommendation adopted Sept. 23, 2013), reminds us of walking…
Drug & Device Law
Aredia-Zometa Court Rejects PA Heeding Presumption, Finds Black Box Preempted, and Garbles Some Other Issues
In the index to this blog, we list 39 posts about the Aredia-Zometa litigation. After today it will be 40. And counting. That might actually be understating our coverage. (We’re…
The Appellate Strategist
Florida High Court to Examine Burden-Shifting in Medical Malpractice Cases
On June 3, 2013, the Florida Supreme Court accepted review of a medical malpractice case to address the issue of whether it is impermissible burden shifting for a defendant-doctor to…