Topic
Causation
438 published works
Mortgage Crisis & Financial Services Watch
Insurer Gets Early Win on Buy-Back Causation
Proof of Causation Not Required for Insurer to Trigger Repurchase Demands On June 19, 2012, Judge Paul Crotty of the Southern District of New York provided a boon to monoline…
British Columbia Insurance Blog
A tenant of an arena may not be liable for a slip and fall suffered by a guest
Appeal of a dismissal of third party claims against the Vernon Vipers Hockey Club and its insurer. Appeal dismissed. The phrase “arising out of” was to be construed as requiring an unbroken…
Mass Tort Defense
State Supreme Court Issues Significant Asbestos Ruling
By Sean Wajert
The Pennsylvania Supreme Court last week issued a potentially highly significant decision in the long-standing asbestos mass tort. See Betz v. Pneumo
Drug & Device Law
Any Exposure ≠ Enough Exposure
It would be a remarkable business plan to win product liability lawsuits. Locate a potential plaintiff who has the disease and who also has had some – any – exposure…
Mass Torts: State of the Art
Texas Appellate Court Upholds Big Enterovirus Verdict – We Don’t Know Why
By David Oliver
Before we get to why we think the dissent got it right in Scott's Marina v. Brown assume the following: 1) plaintiff contracted an enterovirus infection resulting first in pharyngitis, then in meningitis…
TortsProf Blog
Appellate Cases Turning on Actual or Proximate Cause?
Readers,Samson Vermont (Miami) has asked for your input for his seminar class. Do you know of any pending tort cases that turn on actual cause or proximate cause? He is…
InsureReinsure
UK: Mesothelioma – Fairchild Principles of Proof Apply Only to the Need to Prove Causation
In Williams v University of Birmingham [2011] EWCA Civ 1242 the Court of Appeal analysed the correct approach to proving liability in a mesothelioma case. The Court emphasised that the…
Defense Litigation Insider
Sixth Circuit Holds that Substantial Cause Must Be Explicitly Established; “Every Exposure” Insufficient
Co-authored by Brian Gross On September 28, 2011, the Sixth Circuit Court of Appeals awarded Garlock a decisive victory in the matter of Olwen Moeller v. Garlock Sealing Technologies, LLC (C.A.…
Sixth Circuit Appellate Blog
Can A Bucket Make The Ocean Wet? Causation, Expert Testimony, and Moeller v. Garlock Sealing Technologies
In Moeller v. Garlock Sealing Technologies, No. 09-5670, the Sixth Circuit clarified the standard for expert testimony on causation under its “substantial factor” test. As a pipefitter, the plaintiff regularly…
The Appellate Strategist
6th Circuit Paging Ph.D. Jones?: Reliable Physician Causation Testimony Requires More Than Clinical Experience
In Thomas, Melau, and Anderson v. Novartis Pharms. Corp., the Sixth Circuit Court of Appeals recently affirmed a trio of cases prohibiting the testimony of treating physicians as specific causation experts. Though…