Topic
Causation
438 published works
Drug & Device Law
World’s Foremost Authority
By Bexis
Years ago we were often entertained by the comedic stylings of "Professor" Irwin Corey, "World's Foremost Authority." Authority in what? (Or so we imagine you asking.) Well, that's the point.…
Mass Tort Defense
State Court Affirms Exclusion of Expert Evidence in Accutane Case
By Sean Wajert
A New Jersey appellate court recently affirmed a trial court's decision that an Accutane plaintiff's expert's study must be excluded as unreliable. Se
Mass Tort Defense
MDL Court Addresses Ex Parte Communication With Treating Physicians
By Sean Wajert
A recent federal court decision explores a seemingly small but potentially crucial issue involving a product liability plaintiff's treating physicians
Securities Law Prof Blog
D.C. Circuit Vacates Restitution Order in NASD Disciplinary Proceeding for Lack of Causation
The D.C. Circuit's opinion in Siegel v. SEC (No. 08-1379, Jan. 12, 2010) contains at least two lessons. First, the D.C. Circuit continues its longstanding practice of stridently criticizing the…
Property Insurance Coverage Law Blog
Understanding Business Interruption Claims, Part 3
(Note: This Guest Blog is by Michelle Claverol, an attorney with Merlin Law Group in the Coral Gables, Florida, office. This is the third part in a series she is writing…
TortsProf Blog
Stapleton on Causation in Asbestos Cases
Jane Stapleton (Texas/ANU) has posted to SSRN The Two Explosive Proof-of-Causation Doctrines Central to Asbestos Claims. The abstract provides:For decades the volume of asbestos claims has been a unique and…
Mass Tort Defense
Summary Judgment In ABS Case on Causation: Try, Try Again Doesn’t Work
By Sean Wajert
A federal court has dismissed a case against Ford Motor Co. brought on behalf of a minor who was severely hurt when she was struck by a Ford pickup tr
TortsProf Blog
Bernstein on Toxic Tort Causation
David Bernstein (George Mason) has posted to SSRN Getting to Causation in Toxic Tort Cases. Here is the abstract:Since the issue first arose in earnest in the 1970s, courts have…
Property Insurance Coverage Law Blog
Ensuing or Resulting Loss, and the Burden of Proving Causation Explained Simply
By Chip Merlin
I am always looking for "an edge." Just something to get a better chance of winning for my client--like all good litigators. This morning's post, Chinese Drywall Losses Covered Under…
TortsProf Blog
Iowa Adopts R3 Positions on Duty and Causation
Last week, the Iowa Supreme Court decided Thompson v. Kaczinski, 2009 WL 3786632 (Iowa 2009), and adopted the Restatement (Third) of Torts approach to both duty and causation. The plaintiffs lost…