Topic
Causation
438 published works
Legal Profession Blog
Cancer Causes Smoking: The Post Hoc Error and Real People’s Reputations
Posted by Alan ChildressJeff did not ask for elaboration on today's post on Amtrak billing, but here is my $ two one-hundredths (where's the cents sign on this thing?). I…
TortsProf Blog
Causation & 9/11 Dust
The NYT has a front-page story today about the problems of factual causation in 9/11-related lawsuits, in particular addressing the potential toxicity of the dust:The question that arises in all…
TortsProf Blog
Speaking of Causation Problems…
“But for Posey’s use of these products. . . he would not have killed,” according to the complaint in the civil suit seeking to blame a manufacturer for the murder…
Delaware Business Litigation Report
Superior Court Finds that Plaintiffs’ Medical and Scientific Evidence that Exposure to Automotive Friction Products Increases the Risk of Contracting an Asbestos-related Disease is Sufficiently Reliable Under the Daubert Test
In re Asbestos Litigation, C.A. No. 77C-ASB-2, 2006 WL 1231123 (Del. Super. Ct. May 9, 2006). DaimlerChrysler Corporation ("Chrysler") moved in limine to exclude plaintiffs' friction products (ie. brake and…
TortsProf Blog
Factual Causation Beyond DES
I'm a little puzzled about how I missed it last fall, but the Wisconsin Supreme Court extended "risk contribution" [big PDF] beyond the DES context, permitting plaintiffs injured by lead…
British Columbia Insurance Blog
Hauck v. Dominion of Canada General Insurance Co. [2005] A.J. No. 513 Alberta Court of Appeal
This is the appeal of a trial finding that an insurer was liable to indemnify the insured owner of a trailer when an uninsured tractor pulling the trailer was involved…
British Columbia Insurance Blog
Vytlingam (Litigation guardian) v. Farmer [2005] O.J. No. 2266 Ontario Court of Appeal
The Ontario Court of Appeal held that the inclusion of the word "indirectly" in the phrase "directly or indirectly from the use or operation of an automobile" in the endorsement…
British Columbia Insurance Blog
Guillet v. American Home Assurance Co. [2004] O.J. No. 4330 Ontario Court of Appeal
This was the appeal of an award under a disability insurance policy. At issue was a disability policy covering "bodily injury caused by an accident", and whether the trial judge…