Topic
Causation
438 published works
Drug & Device Law
Adverse Event Report Cheat Sheet
By Bexis
A lot of things about that recent Gadolinium opinion ticked us off. But one of the lowest of many low points was when the court ruled a causation opinion based…
InsureReinsure
UK: Court of Appeal rules on causation issues following negligent professional advice
In Levicom International Holdings BV and anr v Linklaters (a firm) [2010] EWCA Civ 494, Levicom appealed against the first instance decision of Mr Justice Andrew Smith that, although Linklaters…
Mass Tort Defense
Court Should Review Punitive Damages Re-Trial Issue
By Sean Wajert
Readers concerned about punitive damages law have their eyes on Wyeth LLC v. Scroggin. The case involves a woman who allegedly developed cancer after
Drug & Device Law
No Knock on Wood
SCOTUS short-lists are sort of like Golden Globe ceremonies or TMZ episodes for law nerds like us. We get giddy when the Sunday talking heads gush about the likely candidates,…
TortsProf Blog
Guest Blogger Andrew Klein: “Science, Causation, and Toxic Torts”
Tort lawyers and scholars have long grappled with the issue of how to prove causation in toxic tort cases. Establishing causation is difficult because latency periods often precede exposure-related harm,…
West Australian Medical Negligence Law Blog
High Court delivers decision in Tabet v Gett
Just a quick post, appreciating I've been lax of late, to note the High Court handed down its decision today, rejecting the appeal against the NSW Court of Appeal's decision,…
Drug & Device Law
“A Causal Relationship Need Not Have Been Proved”
By Bexis
Here’s a dirty little secret – plaintiffs’ lawyers really love preemption. They love it, but they won’t ever admit it. To them, it’s a doctrine that dares not speak its…
Mass Tort Defense
Fifth Circuit Affirms Exclusion of Plaintiff’s Causation Experts
By Sean Wajert
A federal appeals court recently affirmed a judgment for the maker of a drug used to treat Parkinson's disease in litigation alleging that the drug ca
Drug & Device Law
Learned Intermediary Causation – Lights Out In Georgia And A Texas Two-Step
By Bexis
Whether additional warnings would have made a difference to learned intermediary physicians was the issue to be decided in two appellate decisions handed down this week. On facts that weren’t…
Drug & Device Law
A favorable decision on causation and late expert reports
By dwalk
We can’t comment very much because our firm is involved in the case (and we can’t avoid that by shipping it off to Herrmann any more), but we wanted to…