Causation

News & Analysis as of

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

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

Threshold for Admissibility of Expert Opinion Affirmed by Pennsylvania Appellate Court

Pennsylvania’s intermediate appellate court recently affirmed an order granting summary judgment for Rohm and Haas (R&H) in a chemical exposure wrongful death action, finding the plaintiff’s expert’s opinion regarding...more

Differentiating Between Junk Science and Admissible Expert Opinion in Pennsylvania

In environmental personal injury cases, proof of causation is key and that causation almost always hinges on expert opinion. A recent appellate decision in Pennsylvania in Snizavich v. Rohm and Haas Company provides useful...more

Florida High Court Reinstates $1.2 million Judgment Against Law Firm of Prospective Client

On October 24, 2013, the Florida Supreme Court reinstated a $1.2 million final judgment awarded to a prospective client of a personal injury law firm who sat in a chair that collapsed during a consultation at the firm. See...more

Florida High Court to Examine Burden-Shifting in Medical Malpractice Cases

On June 3, 2013, the Florida Supreme Court accepted review of a medical malpractice case to address the issue of whether it is impermissible burden shifting for a defendant-doctor to argue that the plaintiff failed to present...more

Die Verwandlung: How The Legislature Likely Raised The Bar On Securities Fraud Actions

With the availability of a private cause of action under SEC Rule 10b-5, is there any reason to include a cause of action under California Corporations Code Sections 25401 and 25501? Until the most recent legislative...more

Corporate and Financial Weekly Digest - September 27, 2013

In this issue: - SEC Adopts Municipal Advisor Registration Requirements - CFTC Grants LCH.Clearnet Time-Limited No-Action Relief to Clear Swaps Executed on DCMs or SEFs - Ninth Circuit Rejects Securities...more

Sorting Out a Pile-Up of Cars

When we think of car accidents, we typically picture a single car running off the road or two drivers colliding with each other at an intersection. In accident situations like these, legal processes and interactions with...more

Medical Malpractice: Proving Your Case

Just because your medical procedure did not go as planned and your recovery was longer than anticipated, this does not mean your doctor committed medical malpractice. In order to prevail in a medical malpractice case, you...more

Lone Pine Orders Called Into Question In Colorado

A Lone Pine order is a case management tool often utilized by courts in complex multi-party toxic tort cases to organize plaintiffs’ claims and to focus the parties on key issues early in the litigation. A Lone Pine order...more

In the wake of the California Supreme Court's Harris Decision, A FEHA Claimant Must Show Discrimination was a "Substantial...

It now should be clear to employers in California that the litigation rules are different as to what must be presented in discrimination lawsuits to succeed. Notably, just last week, in Alamo v. Practice Management...more

A New Heightened Standard For Title VII Retaliation Claims

On June 24, 2013, the Supreme Court of the United States held that Title VII retaliation claims require a plaintiff to prove the more stringent “but for” causation standard, rather than the lesser “motivating factor”...more

Loss Causation And Stichomythia

Yesterday, I wrote about the Ninth Circuit’s recent decision allowing a plaintiff to amend his complaint to plead that a subsequent event (the filing of a registration statement) had caused his loss as a result of an...more

Ninth Circuit Decides Plaintiff May Amend Complaint To Plead That Subsequent Event Caused Loss

As mere mortals, we experience time as proceeding in one direction only. We can move forward in time, but never backwards (at least not yet). To illustrate, suppose there are two events, which I creatively call ”Event A”...more

Nassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs Relying on Temporal Proximity to Establish Causation

In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more

The State of Virginia and the D.C. District Court Raise Plaintiff’s Burden of Proof on Causation in Multiple-Exposure Asbestos...

Judge Beryl A. Howell of the District of Columbia District Court issued a trial court opinion in May 2013 that, if followed by other circuit or state courts, could substantially impact the threshold for causation in...more

Clarifying Media Reports Regarding Maryland Law and Causation in Asbestos Exposure Cases

It has been recently reported in Law360 that the Court of Appeals of Maryland, in Dixon v. Ford Motor Co., No. 82, 2013 Md. LEXIS 465 (Md. July 25, 2013), broke with established precedent and endorsed the “any exposure”...more

California Appellate Court Emphasizes Significance of Warnings for Manufacturers Seeking to Avoid Liability in Product Misuse...

On July 9, 2013, the Second Appellate District of California handed down an opinion curtailing the pursuits of plaintiffs attempting to inflate their claims by dragging in manufacturers of products used in conjunction with,...more

Victim’s Failure To Use Seat Belts Irrelevant To Driver’s Liability In New Jersey

New Jersey has historically left a question mark in car accident liability cases, one that pertains to “intervening cause.” ...more

Impact of Supreme Court Pro-Employer Title VII Decisions Blunted by State Laws

On June 24th, the Supreme Court issued two important decisions that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964. In...more

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