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Crowell & Moring LLP | USA | 9 Nov 2021

Ninth Circuit Reminds Plaintiffs That Trade Secret Misappropriation Damages Without Adequate Proof of Causation Are Not Enough

The Ninth Circuit recently issued an opinion that serves as a reminder of the importance of developing robust affirmative evidence of damages…
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Gatehouse Chambers | United Kingdom | 20 Oct 2021

Expert Witnesses: TUI Or Not TUI - Should A Party Ask A Question?

The Claimant relies upon an expert’s report. The Defendant doesn’t. Which approach should the Court take: That the Defendant, who does not challenge…
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Herbert Smith Freehills LLP | United Kingdom | 1 Oct 2021

Court of Appeal confirms claims seeking remediation for damage to land allegedly caused by oil spill cannot proceed as representative action under CPR 19.6

The Court of Appeal has dismissed an appeal against a High Court decision striking out the representative element of claims arising from an oil spill…
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Mills Oakley | Australia | 8 Jul 2021

Drawing the line between inference and speculation: causation

Recently the Victorian Supreme Court, Court of Appeal in Nadia Munday v St Vincent’s Hospital [2021] VSCA 170 considered whether the claimant had…
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Mills Oakley | Australia | 4 May 2021

Dungan v Padash [2021] NSWCA 66 and the question of causation

The case of Dungan v Padash [2021] NSWCA 66 provides another reminder of the principles of causation, finding that the plaintiff was not entitled to…
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Osborne Clarke | United Kingdom | 26 Jan 2021

Supreme Court paves the way for Covid-19 loss claims under business interruption policies

Small and medium-sized businesses closed during lockdowns could benefit from the final ruling in the UK regulator's test case A final ruling by the UK…
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Mills Oakley | Australia | 7 Oct 2020

East Metropolitan Health Service v Ellis: A discussion of general principles of causation in the context of medical negligence

The recent decision of East Metropolitan Health Service v Ellis (Ellis) in September this year provides an interesting discussion on the general…
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4 Pump Court | United Kingdom | 24 Jun 2020

COVID-19: Five `C's for Commercial Parties

The pointers are based on common themes across advice given in construction, shipping, shipbuilding, rig / tug & tow and international sale of goods…
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Kramer Levin Naftalis & Frankel LLP | USA | 31 Mar 2020

Supreme Court Confirms Strict “But for” Causation Test Applies to Section 1981 Claims

On Monday, March 23, the United States Supreme Court, in a nearly unanimous opinion, ruled that a plaintiff asserting race discrimination claims in…
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Mills Oakley | Australia | 2 Mar 2020

The Trending Consequential Claims

Prior to 19 June 2012, workers were able to: Make claims for lump sum compensation as long as they had a minimum threshold of 1% WPI for physical…
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