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Causation Defense Strategies

Law School Toolbox

Bar Exam Toolbox Podcast Episode 309: Listen and Learn -- Felony Murder and Causation (Criminal Law)

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Welcome back to the Bar Exam Toolbox podcast! Today we're exploring some complex aspects of criminal law that frequently appear on exams -- the felony murder rule and causation in homicide cases. We have included an analysis...more

Latham & Watkins LLP

No Causation Defence for Self-Interested Fiduciaries: UK Supreme Court Affirms Strict Profit Rule

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The judgment concerns the circumstances in which fiduciaries must account to their principals for the profits they make from their fiduciary relationships....more

Marshall Dennehey

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

Marshall Dennehey on

Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

IMS Legal Strategies

The Water’s Fine? Navigating Water Contamination Litigation

IMS Legal Strategies on

Perhaps one of the most quintessential concerns for corporate defendants in the last decade is that of nuclear verdicts. In just a decade, from 2013 to 2022, there were 115 verdicts of $100 million or more. The Institute for...more

Marshall Dennehey

Limiting the Opinions of Plaintiff’s Non-Retained Expert Witnesses Regarding Injury Causation and Permanency

Marshall Dennehey on

Key Points: Plaintiff’s non-retained experts are treating physicians, and their testimony at trial should be limited to their scope of treatment, diagnosis, and prognosis with respect to the injuries alleged....more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 260: Listen and Learn -- Elements of a Crime

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Welcome back to the Bar Exam Toolbox podcast! Today, we're focusing on the basics of Criminal Law – that is, the elements of a crime. Specifically, we're going to spend some time diving into the two most important elements:...more

Proskauer - Minding Your Business

New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging

California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold....more

Maron Marvel

When Sooner is Better Than Later – Expert Retention in Environmental Litigation

Maron Marvel on

Causation is a vital component of any environmental or toxic tort lawsuit. The idea of causation requires that a plaintiff show a causal connection between their injury and the defendant's action to ensure remedies for the...more

Maron Marvel

We Are What We Eat: How a Person’s Diet Can Play a Part in Defending a Toxic Tort Case

Maron Marvel on

For as long as humanity has existed, there has been a love-hate relationship with food and diet in our daily lives. We love celebrating a big moment in our life with a Michelin-rated meal, but the next day many of us are...more

BCLP

Why Companies Should Consider Genomic Evidence In Defending Toxic Torts

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What is Genomics? Genomics is the study of all the genes within an organism, including humans, and how all of those genes are interrelated and influence the organism.  Genetics is primarily focused on single genes.  Genomics...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus On Whistleblower Protections - Avoiding and Defending Whistleblower Claims

Focus On Whistleblower Protections - Avoiding and Defending Whistleblower Claims - Defending Sarbanes-Oxley and Dodd-Frank whistleblower claims can be costly and complicated. It can be challenging, for example, for a...more

Holland & Hart - Your Trial Message

Ask If Your Jurors’ Causal Thinking Is Based on Facts or Possibilities

In one scenario, a worker is on a ladder, painting a ceiling at a local mall. The mall’s management did not order enough safety lines and the worker decides to go ahead and paint without one. After falling and being seriously...more

Buchalter

Regulatory and Product Liability Overview for Distributors of Food Products in California

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Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more

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