comparemela.com

Latest Breaking News On - Laura doull - Page 1 : comparemela.com

Massachusetts Adoption Of The "But-For" Factual Causation Standard In Multiple Defendant Tort Actions And Its Impact On Toxic Tort Litigation | Adler Pollock & Sheehan P.C.

To embed, copy and paste the code into your website or blog: On February 26, 2021, the Massachusetts Supreme Judicial Court (SJC) clarified the standard to be used for factual causation in multiple defendant tort actions. The SJC’s opinion in Doull v. Foster, 487 Mass. 1 (2021), changed the standard for factual causation from the confusing “substantial contributing factor” test to the more straightforward “but for” causation standard. The SJC differentiated cases with multiple sufficient causes, such as asbestos and other toxic tort matters, due to the difficulty in establishing “which particular exposures were necessary to bring about the harm.” [ Doull at p. 14]. The Court did, however, leave open the possibility that it may also replace the “substantial factor” test in those cases as well.  This potential for a new causation standard has created tremendous uncertainty as to which standard will be used for toxic tort cases in Massachusetts going forward.

Massachusetts
United-states
Laura-doull
Massachusetts-supreme-judicial-court
While-the-court
Raymark-industries-inc
Adler-pollock
Doull-decision
Multiple-defendant-negligence
Toxic-tort-cases
மாசசூசெட்ஸ்
ஒன்றுபட்டது-மாநிலங்களில்

Plaintiffs lawyers' take on causation too confusing, Massachusetts Supreme Court rules

Kafker BOSTON (Legal Newsline) – Deciding whether something was a “substantial factor” in causing harm, a favorite method of plaintiffs lawyers, is too confusing, the Massachusetts Supreme Court has ruled. Justice Scott Kafker and his colleagues ruled Feb. 26 to instead instruct courts to use the “but-for” test for causation in negligence lawsuits, rejecting pleas by medical malpractice lawyers in a lawsuit that resulted in a defense verdict. The case drew the attention of both the Massachusetts Academy of Trial Attorneys and the Massachusetts Defense Lawyers Association. The plaintiffs in it argued negligent treatment, including the use of a progesterone cream blamed for blood clots, led to a pulmonary embolism that killed Laura Doull, but the jury found that negligence was not a cause of it.

Boston
Massachusetts
United-states
American
Google-re
Justice-kafker
Bulkley-richardson
Justice-scott-kafker
Laura-doull
Massachusetts-defense-lawyers-association
Massachusetts-supreme-court
Massachusetts-academy-of-trial-attorneys

Mass. High Court Streamlines Med Mal Standard In Death Case

Massachusetts' top court on Friday abolished an "unnecessarily confusing" alternative standard used by juries to determine whether a health care provider caused a patient's injury, and ruled that because a jury was instructed using the traditional standard a new trial was not warranted in a suit over a patient's death.

Franklin-county
Massachusetts
United-states
Laura-doull
Richard-miller
Anna-foster
Massachusetts-supreme-judicial-court
Franklin-county-superior-court
பிராங்க்ளின்-கவுண்டி
மாசசூசெட்ஸ்
ஒன்றுபட்டது-மாநிலங்களில்
லாரா-டோவுல்

© 2024 Vimarsana

vimarsana © 2020. All Rights Reserved.