Topic
Causation
438 published works
Tort Talk
Leash That Puppy: Violation of Dog Law Amounts To Negligence Per Se, But Plaintiff Must Still Prove Causation
In the case of Goodell v. Stroble, No. 22-00906 (C.P. Lyc. Co. July 26, 2023 Carlucci, J.), the court granted in part and denied in part a Plaintiff’s Motion for…
TortsProf Blog
Simons on Loss of Chance
Ken Simons has posted to SSRN Lost Chance of a Better Medical Outcome: New Tort, New Type of Compensable Injury, or New Causation Rule?. The abstract provides:In certain medical negligence cases,…
Property Insurance Coverage Law Blog
Indiana Allows Causation in Appraisal
Remember my post last January, Property Insurance Appraisal Law Is Dynamic? Me neither. However, the insurance company losing the issue regarding causation being allowed in appraisal in Indiana would not…
On Brief: Iowa's Appellate Blog
Iowa Supreme Court splits over causation requirement for a toxic tort claim
By Ami Penquite
In an opinion filed June 23, 2023, the Iowa Supreme Court held a plaintiff suing her employer’s landlord for exposure to toxic chemicals at work did not present sufficient evidence…
Drug & Device Law
Failure to Test Claim Dismissed in Texas
A little less than three years ago we posted about a decision by a federal court in Pennsylvania that twisted Texas and Supreme Court precedent to find an independent claim…
TortsProf Blog
Wright and Stapleton Discuss Causation
Richard Wright has posted to SSRN Dialogues on Causation with Stapleton. The abstract provides:This paper, forthcoming in an Oxford University Press festschrift in honour of Jane Stapleton, retraces my discussions and…
Property Insurance Coverage Law Blog
Blockbuster New York Appraisal Decision Impacts Causation and Period of Restoration Determinations
By Chip Merlin
Isn’t it great when people work collaboratively on a noble cause and grand success happens? Merlin Law Group attorneys Drew Houghton from Oklahoma and Dan Ballard from Redbank, New Jersey,…
Illinois Workers Compensation Law Blog
How To Get A Causal Connection Opinion
By Mike Helfand
One of the basic facts about Illinois work comp law is that you have to prove that your injury is "causally connected" to your job. In plain English, that means…
TortsProf Blog
Shavell on Causation
Steven Shavell has posted to SSRN An Alternative to the Basic Causal Requirement for Liability Under the Negligence Rule. The abstract provides:The primary causal requirement that must be met for a…
Product Perspective: Complex Tort & Product Law
Frequency, Regularity, Proximity: The Western District of Washington Requires More Than a Product’s Presence to Find Causation
By Jonah Hall
On March 9, 2023, a federal judge granted summary judgment on causation to three manufacturers of asbestos-containing products in a maritime lawsuit arising from the death of Thomas Deem from…