Skip to main content

Topic

Causation

438 published works

  1. Drug & Device Law

    General Causation Finally Sinks Acetaminophen MDL

    By Michelle Yeary

    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…

  2. TortsProf Blog

    Sebok on Damages

    By Christopher Robinette

    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…

  3. TortsProf Blog

    CA: The Learned Intermediary Doctrine and Causation

    By Christopher Robinette

    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,…

  4. Canadian Lawyer Mag

    Recent appeal decision highlights nuanced principle of legal causation

    By Canadian Lawyer Mag

    Neinstein's Nicholas Sampson 'expects we'll see more arguments on the issue in light of it'

  5. TortsProf Blog

    JOTWELL Torts: Simons on Gentry on Causation in Loss-of-Chance Cases

    By Christopher Robinette

    At JOTWELL, Ken Simons reviews Elissa Philip Gentry's Damned Causation.

  6. Drug & Device Law

    Yes, Plaintiffs, Medical Records are Necessary!

    By Michelle Yeary

    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…

  7. UK Healthcare Law Blog

    Causation in Clinical Negligence Cases: Can there be liability where the same injury would probably have happened anyway?

    By Imogen Hildred

    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…

  8. Texas Employment Lawyer

    Revenge may be a dish best served cold, but it still may be actionable

    By Colin W. Walsh

    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…

  9. TortsProf Blog

    Sperino on the Causation Canon

    By Christopher Robinette

    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…

  10. 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…