Mass Torts: State of the Art

Mass Torts: State of the Art

Tag Archives: causation

10th Circuit Sheds Light on “But For” Causation. Substantial Factor Causation, Not So Much

Posted in Risk, The Law
In Wilcox v. Homestake Mining Company plaintiffs argued that in toxic tort cases involving an injury with multiple potential causes "causation in such cases may be proven through a substantial factor test, without regard to whether the injuries would likely have occurred in the absence of the defendant’s actions." Plaintiffs further argued that a "but… Continue Reading

The End of Toxic Tort Litigation in Texas?

Posted in The Law
If a plaintiff’s cancer was caused by one molecule or one fiber damaging a single cell’s DNA causing it to become malignant, and plaintiff was exposed to billions of molecules or fibers from multiple sources, how could he possibly prove that ,"but for" any single source of exposure or subset of exposures, he would not have developed his cancer? As… Continue Reading