Tag Archives: Causation

Walen on Probabilistic Partial Causation & Criminal Law

Alec D. Walen (Rutgers School of Law; Rutgers, The State University of New Jersey – Department of Philosophy) has posted Probabilistic Partial Causation and a Gap in the Criminal Law on SSRN.  Here is the abstract: Cases in which a person merely … Continue reading

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Damage causation in false advertising can't assume that all harm was caused by falsity

Dependable Sales & Service, Inc. v. TrueCar, Inc., — F.Supp.3d —-, 2018 WL 2356658, No. 15-cv-1742 (S.D.N.Y. May 9, 2018)Plaintiffs, 108 individual automobile dealerships, alleged false advertising by TrueCar’s ads promising a “no-haggle,” no-negotiation car-buying experience, thus diverting business from … Continue reading

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Justifying Liability without Proof of Causation

Emmanuel Voyiakis, Causation and Opportunity in Tort, 38 Oxford J. Legal Stud. 26 (2018). Sandy Steel In ‘Causation and Opportunity in Tort’, Emmanuel Voyiakis offers a thought-provoking analysis of some of the field’s classic causation problems. His focus is upon … Continue reading

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Kevin Soter on Causation in Reverse Payment Antitrust Claims

Readers of this blog are likely familiar with the Supreme Court's 2013 FTC v. Actavis decision, which concluded that certain "reverse payment" pharmaceutical patent litigation settlements could violate the antitrust laws and that "it is normally not necessary to litigate … Continue reading

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Court Rejects Jury Instruction Inconsistent with Concurrent Causation Doctrine; Remands for New Trial

In December of 2016, I wrote about Sebo v. American Home Assurance Company,1 where the Florida Supreme Court reversed the appellate court’s adoption of the “Proximate Efficient Cause” doctrine and found that instead, the lower court should have applied the … Continue reading

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