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 ...

Somewhat unobtrusively, New York's highest court recently issued a decision in an asbestos case (see Dan M. Clark, “NY Court of Appeals Affirms Decision Tossing $11M Asbestos Verdict,” N.Y.L.J., Nov.

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., ...

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 ...

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 ...

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 ...

Somewhat unobtrusively, New York’s highest court recently issued a decision in an asbestos case (see Dan M. Clark, “NY Court of Appeals Affirms Decision Tossing $11M Asbestos Verdict,” N.Y.L.J., Nov.