Topic
Causation
438 published works
TortsProf Blog
Wright’s Causation Trilogy
Richard Wright (Chicago-Kent) has posted to SSRN three pieces on causation. First, The Ness Account of Actual Causation: A Response to Criticisms. The abstract provides:The NESS (necessary element of a…
Drug & Device Law
Reasonable Certainty and Defense Experts
By Bexis
The other day we saw the Nevada Supreme Court’s decision in Williams v. Eight Judicial District Court, ___ P.3d ___, 2011 WL 3206963 (Nev. July 28, 2011). One of the…
Drug & Device Law
When It’s The Plaintiff, Not The Doctor
By Bexis
Earlier this week we posted about the learned intermediary aspects of Shaw v. Bayer, U.S. Dist. Lexis 57057 (S.D. Fla. May 23, 2011), which confusingly bears a completely different caption on…
TortsProf Blog
Green on FELA
Michael Green (Wake Forest) has posted to SSRN The Federal Employers' Liability Act: Sense and Nonsense About Causation. The abstract provides:The Federal Employers’ Liability Act was adopted at the eve…
TortsProf Blog
Hylton & Lin: “Negligence, Causation, and Incentives for Care”
Keith Hylton (Boston University) and Haizhen Lin (Indiana University) have posted to SSRN Negligence, Causation, and Incentives for Care. The abstract provides:We present a new model of negligence and causation…
Mass Torts: State of the Art
Deconstructing Milward (part II)
By David Oliver
Plaintiff's expert reached his opinion that benzene is capable of causing acute promyelocytic leukemia (APL) in humans by employing a "weight of the evidence methodology. The U.S. Court of Appeals…
Surf and Turf Law
CSX Transportation v. McBride – Docket No. 10-235
CSX Transportation v. McBrideQuestion presented: Whether the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60, requires proof of proximate causation.Link to Docket:Docket Link Links to Briefs:Brief of Petitioner CSX Transportation Brief for…
Property Insurance Coverage Law Blog
Louisiana Law Requires Causal Link Between Prior Property Damage and Civil Authority Action – Understanding Business Interruption Claims, Part 65
Civil Authority provisions normally provide coverage for business income losses when action to an insured premise is prohibited by a governmental action. This coverage is not easily triggered, as many…
Drug & Device Law
A Recent Learned Intermediary Summary Judgment
By Bexis
Worth knowing about: What happens if the prescriber dies before being deposed and there's no evidence on whether a different warning would have changed his/her prescribing decision. Well, the plaintiff…
Drug & Device Law
New Fentanyl Decision A Mixed Bag (But Good Where It Matters Most)
By will
A few weeks ago, a judge for the Southern District of Ohio, applying Ohio law, granted in part the defendants’ summary judgment motion in a fentanyl patch case. Importantly, the…