It tells us about the “causation” testimony experts need to provide in toxic tort cases to meet the state's reliability standards. It gives some insight into the views of the court's newer ...

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 ...

Unsurprisingly, then, the causation requirement in tort law, and in negligence, has received a great deal of attention and analysis by both courts and commentators.

As courts have shifted their focus from trying to deal efficiently with toxic-tort litigation to guarding against unreliable science, litigating causation has become exceedingly difficult. As a ...

The Supreme Court accepted cert on a question in a firearms-related case that threatens to significantly narrow the concept of proximate causation. Tim Lytton and Hillel Levin are writing a ...

A very recent decision by the European Court of Justice gives pause to all who believe that causation must be proven in order to recover in tort. I here discuss the decision and its implications.

Interpreting these inferences in toxic tort litigation poses difñcult problems for courts. Fundamental differences exist between courtroom and scientific criteria of causation. These differences need ...

In such mass-tort cases, the court routinely conducts a hearing to determine if the allegedly offending substance can cause the claimed harm, i.e. whether "general causation" exists.