Topic
Causation
438 published works
Property Insurance Coverage Law Blog
Anti-Concurrent Causation Clauses in New Jersey
In my last post, I addressed the basics of concurrent causation here in New Jersey. The question that remains, however, is how New Jersey’s courts will interpret a policy containing…
Property Insurance Coverage Law Blog
Efficient Proximate Cause: There May Be Coverage For An Excluded Cause of Loss
By Larry Bache
Recently, a small restaurant was vandalized. The damage caused by the vandals caused a water leak, which damaged the restaurant’s top floor bathroom and the bottom floor of the property.…
TortsProf Blog
Grady on Causation and Foreseeability
Mark Grady (UCLA) has posted to SSRN Causation and Foreseeability. The abstract provides:This paper critiques the theory of causation offered by Steven Shavell and proposes a new theory that more…
Class Action Lawsuit Defense
Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois
By Raj Chohan
Class action defense practitioners routinely face uphill battles on the issue of individualized defenses for class members. However, these arguments should not be overlooked as tools to defeat class certification.…
Essential Patent Blog
Apple urges Federal Circuit to eliminate or minimize “causal nexus” requirement for permanent injunctions
This isn't a necessarily a standard-essential patent issue (and it's been covered by many others such as IPLaw360 and Groklaw over the past couple days), but as something that could…
Mass Tort Defense
State Supreme Court Clarifies Causation Standard in Asbestos Case
By Sean Wajert
The unique and overwhelming features of the grandfather of all mass torts, asbestos, has created bad law in many jurisdictions, procedurally and subst
Drug & Device Law
Plavix Plaintiffs’ Counts Continue To Drop
By Bexis
This post is really the work of co-blogger Eric Alexander, but technical problems meant that Bexis had to post it. *************** On this week of Martin Luther King Day and…
Drug & Device Law
Asbestos Causation Tactics And Pharmaceutical Litigation
By Bexis
The recent magistrate’s decision in Fecho v. Eli Lilly & Co., 2012 WL 6681895 (Mag. D. Mass. Dec. 21, 2012) (“Fecho II”), isn’t good, but it could have been far worse. While…
Drug & Device Law
And Now For A Word From The Grinch
By Bexis
This post is contributed by Melissa Wojtylak, of ReedSmith, one of our regular guest bloggers whom we're trying to convince to join us on a more formal basis. Take it…
Drug & Device Law
Causation and Plaintiff’s Conduct in Pennsylvania Strict Liability
By Bexis
The Pennsylvania Supreme Court decided a product liability case yesterday: Reott v. Asia Trend, Inc., Nos. 27-30 WAP 2011, slip op. (Pa. Nov. 26, 2012). First of all – no, Reott did not…