Topic
Causation
438 published works
TortsProf Blog
Abraham on Causation
Ken Abraham (Virginia) has posted to SSRN Self-Proving Causation. The abstract provides:This Article explores a feature of the law of causation in torts that has received little analysis: what I…
TortsProf Blog
Here’s One for Class: Heavy Grocery Bag Caused Woman’s Death?
This is a great one for your class on causation:The ABA Journal reports that a man has sued Wal-Mart for negligence in training its employees on how to bag groceries,…
Drug & Device Law
More On Aredia/Zometa – Innovator Drug Preemption
By Bexis
Our recent post on the outcome of the plaintiffs’ in limine motions in the Guenther Aredia/Zometa case prompted a volcanic retort from one of the plaintiffs’ counsel (who will remain anonymous)…
Sentencing Law and Policy
Florida prosecutors considering pursuing death penalty for doctor deemed responsible for overdose deaths
Main September 4, 2013Florida prosecutors considering pursuing death penalty for doctor deemed responsible for overdose deaths I am always looking for notable and interesting modern cases to use with my…
Drug & Device Law
For Whom The Benefit Rolls (Into Evidence)
In tracking the progress of a case that produces multiple decisions, we sometimes feel like a distant relative getting intermittent updates of a child’s milestones. As with a child, the…
TortsProf Blog
Hylton on Causation
Keith Hylton (Boston University) has posted to SSRN Causation in Tort Law: A Reconsideration. The abstract provides:Causation is a source of confusion in tort theory, as well as a flash…
Drug & Device Law
Blond Bleached Again
We can chalk it up to advancing age, but we find that we repeat ourselves more often as we get older and more redundant. This dynamic is surely exacerbated by…
San Antonio Employment Law Blog
Cat’s Paw Analysis Does Not Apply
When I was a young law student, the professors loved to talk about the erudite opinions of Judge so-and-so. Judge Learned Hand of the Second Circuit was one such judge.…
Texas Employment Law Update
U.S. Supreme Court Adopts “But For” Causation Standard for Title VII Retaliation Cases
In a case appealed from the Fifth Circuit Court of Appeals, the U.S. Supreme Court held that a plaintiff in a Title VII retaliation case may prevail only when he shows…
TortsProf Blog
Two by Stapleton on Causation
Jane Stapleton (Texas/ANU) has posted to SSRN two pieces on causation. First up is Reflections on Common Sense Causation in Australia and the abstract provides:Part 1 of this chapter argues…