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Causation

438 published works

  1. Drug & Device Law

    A thumb and a finger or two outweigh a bad shoulder

    By dwalk, dwalk

    We told you last year about a district court’s favorable Daubert ruling in one of the cases alleging that a bupivacaine shoulder pain pump caused chondrolysis (a breakdown of the…

  2. TortsProf Blog

    Stapleton on Causation and Asbestos Cancers

    By Christopher Robinette

    Jane Stapleton (Texas/ANU) has posted to SSRN Factual Causation and Asbestos Cancers.  The abstract provides:This Note addresses recent English and Australian cases in which asbestos-exposed victims suffering from cancers which…

  3. TortsProf Blog

    Michigan Supreme Court Ruling on Causation, Lost Opportunity, and Medical Malpractice

    By Christopher Robinette

    Over the weekend, the Michigan Supreme Court released its ruling in O'Neal v. St. John Hosp. & Med. Center.  In an opinion by Justice Hathaway, the Court held that Michigan's…

  4. Civil Procedure & Federal Courts Blog

    Interesting Case on Preemption and Twombly

    By Civil Procedure & Federal Courts Blog

    Courtesy of the Drug and Device Law Blog comes this post about Franklin v. Medtronic, Inc., 2010 U.S. Dist. LEXIS 71069 (D. Col. May 12, 2010).  The court dismissed a…

  5. Drug & Device Law

    The Triple Crown: Preemption, Twombly, and Causation

    By Stephen McConnell

    Stop us if you've heard this one before. Actually, you certainly have. Just like we keep telling the same stories to our kids and colleagues, we find ourselves on this…

  6. Mass Tort Defense

    Causation Expert Opinions Excluded in Toxic Tort Case

    By Sean Wajert

    A federal judge has issued an opinion explaining her Daubert and summary judgment rulings in a case brought by a consumer who alleged he contracted lu

  7. West Australian Medical Negligence Law Blog

    Causation: A negligent defendant’s best friend!

    By Julian Johnson

     I admit that I am partisan, when it comes to comment upon cases that I have been involved in.  Read the following bearing this in mind.  As you will gather,…

  8. Mass Tort Defense

    Plaintiff Expert Must Exclude Other Plausible Causation Theories

    By Sean Wajert

    In an interesting products/fire case, the Texas Supreme Court confirmed last week that a plaintiff's expert must explain or disprove alternative causa

  9. Drug & Device Law

    Causation Where A Multi-Drug Regimen Is Involved

    By Bexis

    We can't say a whole lot about it because we're involved in the litigation, but anybody defending a prescription drug product liability case where the plaintiff was prescribed more than…

  10. InsureReinsure

    UK: Commercial Court Upholds Tribunal Award Limiting Recovery Under Business Interruption Policy

    By Troutman Pepper Locke

    The Commercial Court has upheld an arbitration award on business interruption insurance that used a "but for" approach to causation with the effect of limiting recovery by the insured.