Topic
Causation
438 published works
New York Commercial Division Practice
Where’s the Beef? Causation and Culpability Are Fatal Pitfalls in Zaycon Foods Lawsuit
When representing an aggrieved plaintiff in a commercial matter, there are certain business torts that I tend to rely on more heavily than others. If business torts were foods, for…
Drug & Device Law
The Goose And Gander Of Buying The Science
For as long as we have been representing drug and device companies in product liability litigation, the plaintiffs have accused our clients of “buying the science.” Sometimes, this has allegedly…
Global Investigations & Compliance Review
Federal Courts Continue to Grapple with Causation in Anti-Kickback-Based False Claims Act Cases
Courts around the country continue to disagree on the causation standard to be applied in False Claims Act cases based on alleged Anti-Kickback Statute violations. Two recent federal district court…
Tort Talk
Defense Verdict Upheld Where Evidence Was Disputed On Whether Plaintiff Was Injured At All
In the non-precedential decision by the Pennsylvania Superior Court in the case of Smith v. Nguyen, No. 1312 EDA 2022 (Pa. Super. March 28, 2023 Panella, J., Bender, P.J.E., and…
UK Healthcare Law Blog
Why material contribution applies both to divisible and indivisible injuries
If you ever worry that you find it hard to get your head around material contribution then stop. You are not alone. The Court of Appeal has now given welcome…
New York Attorney Malpractice Blog
An Extraordinary Turnaround in a Legal Malpractice Claim
Prospect Capital Corp. v Morgan Lewis & Bockius LLP 2023 NY Slip Op 33797(U)October 25, 2023 Supreme Court, New York County Docket Number: Index No. 653941/2022 Judge: Margaret A. Chan…
Canadian Lawyer Mag
Case selection difficult ‘particularly with respect to role of causation in establishing liability’
Practical realities of value versus cost important factor: Bogoroch & Associates' Toby Samson
Property Insurance Coverage Law Blog
Does Utah Follow the Efficient Proximate Causation Rule for Insurance Policy Interpretation?
By Chip Merlin
Jen Silver owns a roofing business and is a business educator to restoration contractors and roofers. She asked whether Utah follows the efficient proximate causation rule for insurance policy interpretation after…
PrawfsBlawg
Comparative Causation Project
Main Tuesday, October 10, 2023Comparative Causation ProjectI've been discussing a possible project on causation with Professor Marco Martino at the University of Bologna. The idea would be to get some…
TortsProf Blog
Stapleton on Unnecessary and Insufficient Factual Causes
Jane Stapleton has posted to SSRN Unnecessary and Insufficient Factual Causes. The abstract provides:Law recognizes a necessary (i.e., but-for) factor as a factual cause. However, it is a common misconception that…