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Causation is hard: multiverse edition Part II

Vorys Sater Seymour and Pease LLP
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USA
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September 23 2012

Gold in "Certainty Into Probability" proposes to do away with the requirement of "but for" causation in toxic tort litigation and to replace it with an apportionment of liability among all potentially causative factors, whether tortious or not, so long as each factor passes the Milward v. Acuity holistic-weight-of-the-evidence-via-subjective-judgment-performed-by-an-adequately-credentialed-person "general causation" test

Judge Robreno just knocked unimpaired maritime plaintiffs out of the MDL

Vorys Sater Seymour and Pease LLP
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USA
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August 7 2012

If you're a maritime plaintiff and are unimpaired mere pleural thickening won't save your asbestos claim

Rule restricting access to employer property held unlawful

Vorys Sater Seymour and Pease LLP
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USA
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July 11 2012

Recently, in Sodexo America LLC, 358 N.L.R.B. No. 79 (2012) (2-1), the NLRB found that a hospital policy restricting employees’ off-duty access to the hospital violated the NLRA

$2,500 limit on health FSAs, more guidance on SBCs, and other employee benefits news

Vorys Sater Seymour and Pease LLP
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USA
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June 7 2012

The future of the Patient Protection and Affordable Care Act (ACA) will be determined by the Supreme Court decision expected this month

Texas appellate court upholds big enterovirus verdict - we don't know why

Vorys Sater Seymour and Pease LLP
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USA
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February 10 2012

Before we get to why we think the dissent got it right in Scott's Marina v. Brown assume the following: plaintiff contracted an enterovirus infection resulting first in pharyngitis, then in meningitis and finally in Lemierre's syndrome - an extrordinarily rare and potentially fatal complication following a throat infection (Lemierre's is invariably blamed on Fusobacterium necrophorum or its cousins but go with it and assume the virus triggered the bacterial infection); the plaintiff established that he was negligently exposed to raw sewage at work; the majority of enterovirus infections are transmitted via the "fecal-oral" route; according to the CDC, which runs the National Enterovirus Surveillance System (NESS), only about 1300 to 1500 enterovirus are detected annually by NESS; the onset of plaintiff's symptoms were within the accepted incubation period; and a "leading expert in the field of anaerobic infectious disease" is of the opinion that the sewage exposure was the likely cause of plaintiff's illnesses

Check our math

Vorys Sater Seymour and Pease LLP
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USA
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February 6 2012

What are the odds that a jury, having found for the plaintiff in a typical occupational cancer case, got it right (which is to say, got to the truth)?

NLRB overrules 20-year-old standard for bargaining units in non-acute health care facilities

Vorys Sater Seymour and Pease LLP
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USA
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September 3 2011

After identifying issues neither the union nor the employer raised, and inviting interested parties to submit briefs on those issues, the NLRB has issued a union-friendly decision

How employers can protect themselves regarding workers' compensation requests for medical information

Vorys Sater Seymour and Pease LLP
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USA
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May 2 2011

The impact of the Genetic Information Nondiscrimination Act ("GINA") of 2008 upon workers' compensation requests for medical information is not entirely clear from the regulations in Title II and the explanatory notes in the Preamble to the regulations

Medical interns and residents have right to organize under the National Labor Relations Board

Vorys Sater Seymour and Pease LLP
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USA
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June 23 2010

A three-person panel of the National Labor Relations Board ("Board") recently affirmed a prior decision finding that medical interns and residents are statutory employees with a right to organize under the National Labor Relations Act ("the Act"

Are you ready for GINA in your workplace?

Vorys Sater Seymour and Pease LLP
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USA
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November 26 2009

The employment provisions of the Genetic Information Nondiscrimination Act of 2008 ("GINA") took effect on November 21, 2009

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