One of the major concerns of the plaintiffs' bar was that the Court of Appeals decision in Bostic seemed to require a showing of strict "but-for" causation—so that but for the exposure to a specific ...
Energy & Environment, Vol. 11, No. 2, SPECIAL ISSUE: LOW LEVEL RADIATION, NUCLEAR POWER AND THE LAW (2000), pp. 207-216 (10 pages) Traditionally tort (personal injury) cases have been regarded as ...
Shahar Dillbary, Cherie Metcalf & Brock Stoddard have posted to SSRN Incentivized Torts: An Empirical Analysis. The abstract provides: Courts and scholars assume that group causation theories (e.g., ...
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Ultra-Processed Food Lawsuits Hit a Snag: 'Martinez' Ruling Sets New Test for Mass Tort Litigators
A pivotal federal dismissal in Martinez v. Kraft Heinz spotlights the evidentiary challenges in ultra-processed food (UPF) ...
For five years, Bandleader Emery Deutsch and his wife vainly sought damages from Manhattan’s Doctors Hospital for the permanent mental retardation of their son. The Deutsches claimed that hospital ...
In Doull v. Foster, the Massachusetts Supreme Judicial Court (SJC) addressed the proper causation standard in a medical malpractice case. In reaching this issue, the SJC reached far beyond the medical ...
The Michigan Court of Appeals in a case called Genna v Jackson recently ruled that plaintiffs alleging injury from exposure to mold did not have to present an expert witness to prove that they had ...
Yesterday the Supreme Court called for the views of the Solicitor General on Putnam Investments, LLC v. Brotherston, a case about the burden of proving causation for losses in ERISA suits. There is a ...
My son and I are avid baseball fans (though we support different teams -- he the O's and I the Nats). Sometimes we turn on a game in progress on TV, while our favorite team is in the lead. It often ...
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