Causation

Why Trial Courts Are Reluctant To Exclude Scientific Evidence in Toxic Tort Cases

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/21/2013

Environmental litigation, particularly toxic tort litigation, inevitably turns on scientific evidence about causation. Beginning with the Supreme Court’s Daubert decision in 1993, trial courts have repeatedly been admonished...more

Causation is Not Elementary, My Dear

by Chen Foley | Sedgwick LLP on 3/18/2013

Sherlock Holmes famously said, “when you have eliminated the impossible, whatever remains, however improbable must be the truth.” This reasoning has been adopted by trial judges seeking to resolve questions of causation. In...more

The Unheard Tree: The Struggle Over Unmanifested Defects in Consumer Class Actions

by S. Vance Wittie | Sedgwick LLP on 2/7/2013

One of the most famous questions in philosophy is “if a tree fell in a forest and nobody was there to hear it, would it still make a sound?” A similar question dominates the world of consumer class actions. If a product...more

Toxic Tort and Environmental Law Update: January 2013 - Plaintiffs Bear the Burden of Establishing Causation by Competent Expert...

by Sean Patterson | Sedgwick LLP on 1/7/2013

Judge Susan Illston of the U.S. District Court for the Northern District of California recently ended 16 years of toxic tort litigation relating to fugitive hexavalent chromium (C6) exposure involving the City of Willits and...more

Oregon District Court Dismisses Claims Brought To Protect The Marbled Murrelet

by Ashley Remillard | Nossaman LLP on 11/30/2012

The United States District Court for the District of Oregon dismissed claims brought by environmental organizations under section 9 of the Endangered Species Act (“ESA”) to prevent unlawful take of marbled murrelets...more

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Why Trial Courts Are Reluctant To Exclude Scientific Evidence in Toxic Tort Cases

Causation is Not Elementary, My Dear

The Unheard Tree: The Struggle Over Unmanifested Defects in Consumer Class Actions

Toxic Tort and Environmental Law Update: January 2013 - Plaintiffs Bear the Burden of Establishing Causation by Competent Expert...

Oregon District Court Dismisses Claims Brought To Protect The Marbled Murrelet

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