At Oxford University, Tony Honoré made his name as
an expert on causation and moral responsibility in the law.
Not exact matches
In this video, Dr. Margaret Heritage, a nationally known
expert on data use, describes how to use state assessment data as a launching point to determine what other data should be explored to understand
causation.
So, you've got two conflicting points here: one is that two - way bike lanes are correlated with stronger bicycling growth than any other type of protected bike lane in this NITC report (more research needs to be done to confirm
causation, not simply correlation), and second is that
on - street two - way bike lanes are considerably less safe than
on - street one - way bike lanes according to numerous bicycle planning
experts and authorities.
The plaintiff's first lawyer disclosed four controlled
expert witnesses (Illinois Supreme Court Rule 213 (f)(3)-RRB- to testify
on causation.
These reports consist of
expert witnesses offering their professional opinions
on a variety of issues, including
causation, severity of injuries, diagnosis, and permanence of injuries.
The federal district court judge granted the motion, ruling that a toxic - tort claim depends
on expert proof of
causation and that the Cripes had not produced any
expert evidence.
Do Not Let Defendants Exclude Your Medical
Experts» Opinions
on Causation, Consumer Attorneys of California's Forum Magazine, September 2004
The plaintiff's
expert's evidence was criticized because: 1) he didn't review the entire file, just what the plaintiff provided to him; 2) his opinion was formed with the benefit of hindsight; 3) he gave evidence as to
causation of the plaintiff's loss, based
on what the motions judge might have done had H proceeded differently, which is impermissible.
In order to make informed, intelligent, fair and reasonable decisions about
causation and liability it is often necessary to rely
on the scientific expertise of a qualified accident reconstruction
expert.
The article covers how a judge in the U.S. District Court in Connecticut excluded the plaintiff's medical
causation expert on Daubert grounds after finding insufficient evidence of the plaintiff's exposure to the drug, which was necessary to support the
expert's opinion
on specific
causation.
First, while
experts were not able to testify as to
causation on a standard of scientific precision, there was some evidence that the negligent operation had led to the injury.
Dr. Farine, a defence
expert tried to base his
expert opinion
on causation on some of the
expert findings from the first trial.
See, for example, Ediger v. Johnston, 2011 BCCA 253 at para. 84: «where both parties have led
expert evidence
on the issues of
causation, it is not open to this court to apply the «common sense» reasoning urged in Snell».
Obtained plaintiff's
expert's admission he had no reliable scientific evidence of
causation; won dismissal
on eve of trial
We will work with local, national, and even international
experts on this topic in order to illustrate a driver's liability in these cases and draw a definitive line of
causation between the driver's actions and our clients» injuries.
The claims involve complex legal procedures, intricate demonstrations of
causation, a wealth of information from medical
experts, and an unimpeachable understanding of Virginia laws
on the matter.
Upon learning that Freeman intended to disclose an additional or new medical
expert witness to offer opinions
on the issue of
causation, Dr. Crays» lawyers moved to adopt the rulings from the earlier case and bar any testimony of plaintiff's newly disclosed
expert opinion pursuant to Illinois Supreme Court Rule 219 (e).
The defendants argued that under New Mexico law, an
expert witness is always required to show
causation of an injury, and since the plaintiff has not designated an
expert witness
on that issue, that the plaintiff can not obtain relief.
We routinely take
on Daubert and Frye
expert challenges and summary judgments
on medical
causation.
To make a ruling
on the case, the U.S. Federal Court needed to apply New Mexico state law regarding the necessity of an
expert witness to show the
causation of an injury.
If the treating physician has an
expert report submitted
on their behalf, the treating physician may testify as a retained
expert about matters that go beyond treatment and diagnosis, such as opinions related to
causation.
D. New Mexico, 2014 (Docket No. 11 - CV -784-BRB / RHS), a New Mexico federal court granted the defendants» motions for summary judgment, ruling that the plaintiff's failure to designate an
expert witness
on the issue of medical
causation before an April 17, 2013 deadline required that the case be thrown out.
Thus, while the application of the wrong test for
causation was an error of law, the error stemmed from the trial judge's failure to appreciate that the
expert witnesses were unable to state that
causation was established
on a balance of probabilities.
The Court decided the trial judge had carefully weighed the evidence as a whole, including the statistical evidence, the evidence specific to the Plaintiff, and the three
expert opinions, all of which involved some speculation and held that she made no palpable and overriding error in finding that the plaintiff had failed to establish
causation on a balance of probabilities:
This is because the law requires proof of
causation only
on a balance of probabilities, whereas scientific or medical
experts often require a higher degree of certainty before drawing conclusions
on causation (p. 330).
While the Chapman case was
on appeal, the remaining plaintiffs in MDL 2051 were granted an opportunity to proffer new
experts and any new science in support of their
causation theory.
That line held that the Snell common sense approach can't be used where
expert evidence is adduced
on the factual
causation issue.
There are BCCA decisions which suggest that where the parties have lead
expert evidence
on the issue of factual
causation — certainly where both sides do, perhaps even where just one side «leads» the evidence, the robust and pragmatic approach can not be used.
However, it could also be said that the plaintiff led
expert evidence, too, because the plaintiff «s lawyer cross-examined the
expert and got answers which plaintiff's counsel went
on to claim supported the plaintiff's theory of
causation.
So, maybe, this is one case that the SCC will grant leave, if only to ignore the
causation principles generally and deal with the BC authorities about the effect of some (plaintiff - supporting)
expert evidence
on the use of the so - called common sense inference.
Also served
on the client's national
expert witness team deposing medical
causation experts throughout the country.
When the cause of the injury is not one, which is apparent to a layperson, and multiple factors may have contributed to
causation,
expert evidence
on the subject is required.