Topic
Causation
438 published works
Drug & Device Law
General Causation Finally Sinks Acetaminophen MDL
Speaking of the United States’ newly ratified Constitution, Benjamin Franklin wrote in 1789: “in this world nothing can be said to be certain, except death and taxes.” We would like…
TortsProf Blog
Sebok on Damages
Tony Sebok has posted to SSRN his presentation from last year's symposium at Southwestern, Damages: Symposium Presentation of Anthony Sebok. The abstract provides:Restatement of the Law Third, Torts: Liability for Physical…
TortsProf Blog
CA: The Learned Intermediary Doctrine and Causation
The California Supreme Court recently clarified causation in the context of the learned intermediary doctrine:Himes v. Somatics, LLC, 16 Cal. 5th 209, 219, 235-236, 322 Cal. Rptr. 3d 1, 6,…
Canadian Lawyer Mag
Recent appeal decision highlights nuanced principle of legal causation
Neinstein's Nicholas Sampson 'expects we'll see more arguments on the issue in light of it'
TortsProf Blog
JOTWELL Torts: Simons on Gentry on Causation in Loss-of-Chance Cases
At JOTWELL, Ken Simons reviews Elissa Philip Gentry's Damned Causation.
Drug & Device Law
Yes, Plaintiffs, Medical Records are Necessary!
Plaintiffs in mass tort drug and device litigation do not like to focus on the individual cases. They like to amass the individual cases. They like to file the individual…
UK Healthcare Law Blog
Causation in Clinical Negligence Cases: Can there be liability where the same injury would probably have happened anyway?
Introduction The approach to causation in clinical negligence cases has changed significantly over the past 20 years. In this article I consider whether as practitioners we are about to see…
Texas Employment Lawyer
Revenge may be a dish best served cold, but it still may be actionable
Austin Employment Trial Lawyer Colin Walsh One of the elements of every retaliation claim is that there must be a “causal link” between the employee’s protected activity and the adverse…
TortsProf Blog
Sperino on the Causation Canon
From Zoë Sinel:I am thrilled to announce the second speaker in the Tort Law and Social Equality Project Speakers Series. This series features monthly presentations from scholars around the world who…
Healthcare Law Insights
IPSE DIXIT: Because My Patient Said So – How to Challenge Medical Experts Who Base an Opinion of Injury Causation Solely on a Patient’s Self-Report
By Michael Nolan, Mary Kate Mullen
Plaintiffs often disclose medical experts to opine not only as to the diagnosis or prognosis of an injury or medical condition, but also as to whether the defendant’s actions caused…