causation

Once Again the Louisiana Supremes Reverse Class Certification, Citing Causation as a Problem

Russell Jackson
March 13, 2012 12:08

In December I posted about Price v. Martin, in which the Louisiana Supreme Court expressly adopted the U.S. Supreme Court's analysis in Wal-Mart v. Dukes to reverse certification of a class of property owners who alleged that they were exposed to certain chemicals by a neighboring wood treatment...

Consumer Fraud Class Action Decertified in Drug Case

Sean Wajert
February 21, 2012 10:58

A state appeals court last week de-certified a class action by consumers over alleged misrepresentations in marketing a drug.  See Merck & Co. v. Ratliff, No. 2011-000234 (Ky. Ct. App.,  2/10/12). The case involved the drug Vioxx, which was a highly effective medication...

Kentucky Appeals Court Reverses Diminished Value Class, Rejects Fraud-on-the-Market Theory

Russell Jackson
February 10, 2012 16:42

My colleague, John Beisner, is involved in this case, so I'll merely report the decision here. This morning the Kentucky Court of Appeals reversed a trial court's certification of a class of Vioxx users who asserted a diminished value theory of recovery under various consumer fraud causes of...

Federal Court Upholds "Bare-Metal" Defense

Sean Wajert
February 08, 2012 15:11

A federal court last week became the latest to refuse to hold a defendant liable for injuries allegedly caused by asbestos-containing parts manufactured by others but used with the defendant's products. See Conner v. Alfa Laval Inc., No. MDL-875 (E.D. Pa.  2/1/12). The issue arose in the...

Bad News for Nevada Injured Workers Who Fall At Work?

Virginia Hunt
December 14, 2011 16:11

According to the U.S. Bureau of Labor Statistics, in 2010, about a fifth of all  workplace fatalities in Nevada were caused by a worker falling. Almost every serious fall injury  I've handled in the Nevada work comp arena in the past fifteen years was caused...