Topic
Causation
438 published works
Drug & Device Law
A thumb and a finger or two outweigh a bad shoulder
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…
TortsProf Blog
Stapleton on Causation and Asbestos Cancers
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…
TortsProf Blog
Michigan Supreme Court Ruling on Causation, Lost Opportunity, and Medical Malpractice
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…
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…
Drug & Device Law
The Triple Crown: Preemption, Twombly, and Causation
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…
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
West Australian Medical Negligence Law Blog
Causation: A negligent defendant’s best friend!
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,…
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
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…
InsureReinsure
UK: Commercial Court Upholds Tribunal Award Limiting Recovery Under Business Interruption Policy
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.