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Full-Text Articles in Law
Texas Supreme Court Rejects “Any Exposure” Causation In Asbestos Litigation, Richard O. Faulk
Texas Supreme Court Rejects “Any Exposure” Causation In Asbestos Litigation, Richard O. Faulk
Richard Faulk
The Texas Supreme Court has firmly rejected the latest effort to reopen the floodgates for asbestos litigation in Texas. While the Court rejected a formalistic adherence to “but for” causation in mesothelioma, the essence of “but for” still survives because, “but for” legally sufficient proof of exposure to the particular defendant’s product, the defendant cannot be held liable. The requirement of legally sufficient proof applicable to exposure to each defendant’s product remains, and the challenges associated with meeting that requirement remain the same. Perhaps the cohesiveness of this holding will influence other states to define “substantial factor” similarly, or perhaps …
Addiction Postulates And Legal Causation, Or Who's In Charge, Person Or Brain?, David L. Wallace
Addiction Postulates And Legal Causation, Or Who's In Charge, Person Or Brain?, David L. Wallace
David L Wallace
In this article, I address the persistent confusion over the meaning of a medical diagnosis of drug addiction or substance dependence in the courtroom, specifically in regard to legal judgments about the reasonable legal person, causation, and individual responsibility in civil actions. Using the example of the Engle tobacco litigation in Florida, where the plaintiffs have reduced mind to brain and claimed that the clinical status of addiction excuses or mitigates the smoker’s responsibility for the health consequences of smoking based on brain processes, I examine the conceptual difficulties presented by use of biomedical models of behavior in a legal …
Lawyers, Food, And Money, David L. Wallace
Il Diritto Comparato Della Causalità Aquiliana, Marta Infantino
Il Diritto Comparato Della Causalità Aquiliana, Marta Infantino
Marta Infantino
The article (in Italian) offers an overview of the ways in which rules on causation in tort law are conceived of, made and applied by courts and scholars in selected Western jurisdictions.
Lies, Damned Lies, And Addictions: The Strange Case Of The Disappearing Person And The Bogey Of Determinism, David L. Wallace
Lies, Damned Lies, And Addictions: The Strange Case Of The Disappearing Person And The Bogey Of Determinism, David L. Wallace
David L Wallace
No abstract provided.
Il Nesso Causale Nella Responsabilità Extracontrattuale: Note Comparatistiche, Marta Infantino
Il Nesso Causale Nella Responsabilità Extracontrattuale: Note Comparatistiche, Marta Infantino
Marta Infantino
The article provides a brief overview of the main theories and rules of causation in tort law in selected Western jurisdictions.
Addiction And Responsibility: Thoughts On The Misuse And Misunderstanding Of Addiction In The Courtroom, David L. Wallace
Addiction And Responsibility: Thoughts On The Misuse And Misunderstanding Of Addiction In The Courtroom, David L. Wallace
David L Wallace
No abstract provided.