Topic
Causation
438 published works
Mass Tort Defense
Court of Appeals Affirms Exclusion of Plaintiff Causation Experts in Toxic Tort Case
By Sean Wajert
Insecticide manufacturers held on to summary judgment as the Eight Circuit affirmed the lower court's causation ruling under Daubert. Junk v. Terminix
Drug & Device Law
Late Breaker – No Way in Heck A Neurontin Off-Label Class Can Exist
By Bexis
It's called "class action" litigation, but there's no class. Why? Because of the individual issue of reliance/causation. While the court hasn't ruled on class certification, the court just dismissed the…
TortsProf Blog
Twerski & Cohen on “Resolving the Dilemma of Non-Justiciable Causation in Failure-to-Warn Litigation”
Aaron Twerski (Brooklyn) and Neil Cohen (Brooklyn) have posted "Resolving the Dilemma of Non-Justiciable Causation in Failure-to-Warn Litigation." The abstract provides:Failure-to-warn cases represent a significant portion of product liability law,…
Drug & Device Law
Lone Pine order entered in Avandia litigation
By dwalk
We have written before about the virtues of Lone Pine orders, which require plaintiffs to produce elementary evidence supporting their claims, usually some prima face evidence of exposure, injury, and…
TortsProf Blog
Defedants Win Summary Judgment in Peanut Butter Salmonenlla Cases
A defense win on causation in the peanut butter salmonella cases filed against Con Agra. Mass Tort Defense has the details.- SBS
Antitrust, Competition and Trade
Second Circuit Rejects the Use of “Aggregate Proof” of Causation in a Putative Consumer Class Action
By John Stigi
In UFCW Local 1776 v. Eli Lilly & Co., No. 09-0222-CV, 2010 WL 3516183 (2d Cir. Sept. 10, 2010), the United States Court of Appeals for the Second Circuit reversed…
Drug & Device Law
Warning Causation to the Rescue
By Bexis
The Fifth Circuit affirmed summary judgment in Pustejovsky v. Pliva, Inc., 09-10983, slip op. (5th Cir. Oct. 8, 2010), the other day. We covered the original summary judgment, here. The defendant, a…
Drug & Device Law
More Defense Wins In Zyprexa
By Bexis
The Second Circuit evidently has a higher opinion of Judge Weinstein's Zyprexa learned intermediary rulings than it did of his decision to certify a class action in that litigation. Up…
Reverse & Render
Another disagreement over what constitutes no evidence of causation
I have said on various occasions (during admittedly nerdy conversations with colleagues) that this expert opinion or that piece of evidence surely constitutes no evidence as a matter of law and that no…
Civil Procedure & Federal Courts Blog
Meier on Causation and Standing
By Civil Procedure & Federal Courts Blog
Luke Meier (Baylor Law School) has posted Causation and Standing to SSRN. Abstract: To satisfy the standing requirements deriving from the “case” or “controversy” language of Article III, a plaintiff…