Causation

News & Analysis as of

Four Loko Liability Ruling Notable, but Not Game-Changing

A California court recently held that Four Loko is not protected from liability in a wrongful death lawsuit. Fiorini v. City Brewing Co., LLC, 2014 WL 5743133 (Cal. Ct. App. Nov. 6, 2014). In this case, the parents of a...more

Administrative Review Board Clarifies Causation Burdens in SOX Whistleblower Cases

The ARB recently clarified the competing burdens of proof on issues of causation for whistleblower retaliation cases arising under SOX Section 806 and other whistleblower protection statutes. In particular, in Fordham v....more

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury...

A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more

Concurrent Causation from "A Medley of Interesting Disability Cases"

Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided disability benefits. Kruk’s Plan stated that if a disability was due to a...more

District Court Dismisses Securities Class Action for Failure to Show Causal Connection

The US District Court for the Southern District of New York recently dismissed a securities class action against a battery manufacturer, finding that the plaintiffs failed to plead a causal connection between the alleged...more

Eleventh Circuit Refuses to Credit Expert’s Guess on Causation

The U.S. Court of Appeals for the Eleventh Circuit has issued an important decision on expert testimony, Hughes v. Kia Motors. Patricia Hughes filed a wrongful death action against Kia Motors after her daughter,...more

Causation Experts Properly Excluded Where The “Leap From Data To Opinion Was Too Great”

In Hughes v. Kia Motors Corp., No. 13-10922, the Eleventh Circuit recently affirmed the district court’s exclusion of the plaintiff’s expert witness in a motor vehicle product liability case. Allene Hughes, the plaintiff’s...more

A New Data Point on False Advertising, Causation, and Section 75-1.1

Earlier this year, in another false-advertising case, SMD Software, Inc. v. EMove, Inc., a plaintiff won a 1.7-million-dollar verdict based on section 75-1.1 alone. The jury instructions in that case did not specify what...more

South Carolina: Admission of Cause & Origin Testimony by Fire Chief Was Prejudicial Error

In James D. Fowler v. Nationwide Mutual Fire Ins. Co., 2014 WL 3844215, 2014 S.C. App. LEXIS 209 (S.C. App., Aug. 6, 2014), South Carolina’s Court of Appeals recently held that it was prejudicial error to allow the jury to...more

Divided Fourth Circuit Panel Rules On Burden of Proving Loss Causation in ERISA Fiduciary Breach Case

That was the sentiment expressed in a blistering dissent by Fourth Circuit Judge J. Harvie Wilkinson in the latest ruling in a lawsuit challenging the decision by the fiduicaries of the RJR 401(k) plan to liquidate two stock...more

Washington Supremes reject causation in stolen gun criminal case – Effect on civil and personal injury law?

A man keeps multiple loaded guns unsecured throughout his house which he shares with a girlfriend, who has periodic visits from her nine year old son. For two days the man does not notice that one of the loaded guns is...more

Toxic Tort & Product Liability Quarterly Volume 7, Number 3

PREEMPTION - Supreme Court Says CERCLA Does Not Preempt Repose Defense for Tort Claims - The U.S. Supreme Court has put to rest a longstanding legal question affecting the deadline for plaintiffs to bring toxic tort...more

Environmental Alert: "Texas Supreme Court Clarifies Causation Standard in Multiple Source Toxic Tort Cases"

The Texas Supreme Court took what appears to be a middle ground in toxic tort cases involving exposure to the same substance from multiple sources. The Court rejected the “but for” standard advocated by the defendant, but...more

Rail Corporation New South Wales v King [2014] NSWCA 207

The New South Wales Court of Appeal recently handed down judgment in the matter of Rail Corporation New South Wales v King. The facts of the matter are that at 3:00 am on the morning of Saturday, 2 September 2006, Shane King...more

New York Court of Appeals Addresses Proof of Causation in Lead Paint Exposure Litigation

In many toxic tort cases, the date of exposure to the alleged toxin occurred years before the emergence of any symptoms of injury. For that reason, relatively simple rules for disclosure of medical proof may become more...more

4th Circuit: SOX Whistleblower Failed To Establish A Prima Facie Case Regarding Causation

On May 12, 2014, the Fourth Circuit Court of Appeals affirmed summary judgment on a SOX whistleblower claim, concluding that the whistleblowers’ alleged protected activity was not a “contributing factor” in the challenged...more

Missouri Supreme Court Abandons Exclusive Causation Requirement for Worker’s Compensation Retaliatory Discharge Claims

In Templemire v. W&M Welding, Inc., -- S.W.3d -- , (Mo. 2014), No. SC93132, 2014 WL 1464574, the Missouri Supreme Court threw out its long-held interpretation of section 287.780, RSMo requiring a plaintiff in a worker’s...more

“Related Acts” Reduce Insurer’s Exposure by Half

The Eighth Circuit Court of Appeals recently held that, under Minnesota law, multiple wrongful acts by a financial advisor to four plaintiffs are “interrelated” and “logically connected” within the meaning of the policy’s...more

Florida, Georgia And Texas Appraisal Update: Is Causation A Coverage Question For The Court Or A Damages Question For The Panel?

In most jurisdictions, underlying coverage issues must be resolved prior to invoking appraisal in a first-party property claim. The question of what constitutes a coverage issue (typically reserved for a court’s judicial...more

New York’s Highest Court Reaffirms Specific Causation Rule under Parker in Toxic Tort Cases

On March 27, 2014, New York’s Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court’s decision granting a defendant’s motion to dismiss the plaintiff’s complaint alleging...more

Toxic Tort and Environmental Litigation: Court of Appeals Revisits and Clarifies Causation Requirements for Expert Opinions

Causation is the crux of any toxic tort litigation. The Court of Appeals’ recent decision in Cornell v. 360 West 51st Street Realty, LLC, No. 16 (N.Y. Mar. 27, 2014) underscores that principle and revisits the causation...more

California Supreme Court To Consider Causation in Workers Comp for Medication-Related Injuries

In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing poses...more

Lucantonio v Stichter – “No Causation” finding confirmed

The Court of Appeal decision in Lucantonio v Stichter provides a refresher on how a Court should determine if a person’s breach of duty caused harm under the Civil Liability Act 2002 (“Act”)....more

Whether for Cause or Convenience, Termination Can Be Tricky

Termination of a construction contract is tricky and fraught with risk. Whether the termination is for cause or for convenience, the contract must be followed to the letter for a termination to be valid. Virtually every...more

Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

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