Topic
Causation
438 published works
Canadian Lawyer Mag
Manitoba Court of Appeal rules doctor’s negligence didn’t cause patient’s death from cancer
Medical professional concedes he would've seen tumour if he continued colonoscopy
PrawfsBlawg
Causation in Civil Law vs. Common Law
Main Thursday, April 03, 2025Causation in Civil Law vs. Common LawTwo years ago, I posted here about a possible book project that would involve civil law scholars from Europe and…
Zalma on Insurance
Who’s on First? Insured’s & Insurer’s Burden on Causation
By Barry Zalma
Proof of Accidental Direct Physical Loss Shifts Burden to Insurer on an All Risk Policy Post 5024 See the full video at https://rumble.com/v6qtw4u-whos-on-first-insureds-and-insurers-burden-on-causation.html and at https://youtu.be/Cecp7iFBWKo Insured Must Prove Actual…
Legal Theory Blog
Azmat on Formal Causation and Law
Ahson Azmat (Kirkland & Ellis; Fordham University, School of Law) has posted Formal Causation in the Law on SSRN. Here is the abstract: The but-for test has bedeviled the law…
New York Attorney Malpractice Blog
Summary Judgment Reversed On Appeal
Kliger-Weiss Infosystems, Inc. v Ruskin Moscou Faltischek, P.C. 2025 NY Slip Op 00956Decided on February 19, 2025 Appellate Division, Second Department is that very rare reversal of summary judgment at…
Tort Talk
Federal Court Rules Just Because Experts Agree That There Was An Injury Doesn't Automatically Mean That Causation Has Been Established
In the case of Gross v. Villeneuve, No. 2:23-CV-00705-NBF (W.D. Pa. Jan. 22, 2025 Fischer, S.J.), the court granted the Plaintiff’s Motion for Partial Summary Judgment with respect to a…
Legal Theory Blog
Wright on Causation and Legal Responsibility
Richard W. Wright (Illinois Inst. Tech., Chicago-Kent College of Law) has posted Causation and Legal Responsibility on SSRN. Here is the abstract: In part 1 of this article, published in…
Inside Class Actions
Ninth Circuit Denies Class Certification because Causation Theory Requires Individual Analysis of Claims
In a recent decision, the Ninth Circuit offered a useful reminder that the need for individualized proof of causation can affect multiple elements of the Rule 23 test for class…
Allens Insights
Law vs science: scientific evidence and causation in class action litigation
By Allens
Lessons on judicial approaches to complex scientific disputes from the Roundup litigation 6 min read In class action litigation, where claims of loss and damage can reach into the hundreds…
Drug & Device Law
Minimal Level of Exposure Critical to General Causation
In re Deepwater Horizon Belo Cases, -- F.4th --, 2024 WL 4522690 (11th Cir. Oct. 18, 2024), is not a drug or device case. It is the Eleventh Circuit’s review…