Sentences with phrase «on the causation issue»

The trial judge introduced his conclusions on the causation issue this way: «Applying the principles of causation noted above, I find the following:...».

These opinions on the causation issue were based on various facts, including Mrs. Cahoon's descriptions of her injuries and the dynamics of the collision.

It'll be longer than the summary I've posted here, but shorter than my monograph on causation issues which you can find elsewhere on the web under the short title «Scraping the Surface».

Not exact matches

Nick Kristof was just on Morning Joe talking about his latest column, which flirts with reverse causation on the issue of our mores and our political dispositions.

Kim's writings on the mind as supervenient upon the body have revolved primarily around the effort to reconcile mental causation — «arguably... the central issue in the metaphysics of mind» (SM xv)-- with physicalism.

In addition to the issues Rob raised regarding causation, point 4 of the consensus statement as articulated on RealClimate implies a cost benefit analysis, and requires an assessment of what level of harm / damage is unacceptable, and an assessment of the cost and likelihood of avoiding it.

Maybe it would be open on the evidence for the trier of fact to make that inference, but it wouldn't amount to a hill of beans, even a campfire's worth, unless the inference was of a necessary connection in which case «substantial» is meaningless, if the issue is factual causation which is clearly what's referred to in para. 10 of Clements.

Dr. Johnston appealed the finding of liability on the issue of causation only.

The topics will include a review of 2016 talc verdicts, the historic role of government regulatory bodies, the plaintiff and defense position on key scientific and medical causation issues, and an inside evaluation from the hottest and most rapidly emerging jurisdictions.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

[134] In short, I did not find Dr. Sovio's evidence to be helpful on the issues of causation or the plaintiff's ability to work.

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.

It is unlikely the defendant would invest capital in that line of defence for this case, but it is reasonable to say the plaintiff's burden on causation would be somewhat heavier than in a case where the force of the accident is not really in issue, which weigh in favour of a trial in this court.

Whether your case goes to trial largely depends on issues of liability and causation, if the settlement offer is too low or the demand too high and the respective parties refuse to compromise.

The plaintiff lost at trial on the issue of medical causation and her lawyer appealed.

In Oldcorn v Southern Water Services Ltd [2017] EWHC 460 (TCC), His Honour Judge McKenna dismissed the claimant's claim notwithstanding that the claimant was successful on all issues with the exception of causation.

Although the Court expressed difficulty in summarily deciding the matter based on the evidentiary record before it, the Court agreed that the causation issue was severable from other liability issues and determinative of the matter.

Had the proposed class action not been statute - barred, Justice Perell would have certified it, but with individual trials on the issue of causation, reliance, and damages.

There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the case law predating Resurfice.

She spoke on Shoulder Dystocia: Causation Issues.

(b) Considering the issue of causation, the trier of fact may draw reasonable inferences from the evidence, based on common sense.

[77] Nonetheless, to make a finding of causation based on a robust and pragmatic approach, in my view, it was incumbent on the trial judge to consider and make findings about the evidence relevant to the medical issues.

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».

The Supreme Court's summary of the issues in the appeal suggests that that all the Court was asked to do is clarify the meaning of the Resurfice material contribution test for proof of the causation requirements in causes of action in negligence and, then, determine the correct result in Clements based on that test.

I will still post about important causation issues on Slaw, but those posts will will be shorter and punchier (all implications intended).

The hospital was not able to show that there was no evidence upon which a trial judge, acting properly could have found causation established on the balance of probability, so the case was sent back for a new trial, only on the issue of whether the nurses» negligence was a cause of the child's injury.

However, he does not opine on the specific issue of causation.

As above, Dr. Winston's opinion is broadly consistent with this at least on the initial causation issue (but he is very skeptical about any ongoing impairment).

An unquantified liability has also been established which remains to be determined by the Tribunal in September 2017, subject to issues of causation, but which the Claimants assess at a figure between USD 26.5 bn and USD 39.8 bn, depending on what payments are made by the KRG before then and various assumptions in relation to the extent of delay and disruption allegedly caused by the KRG's actions.

The Court further concluded that the plaintiffs had presented sufficient evidence to prevail against Crane Co.'s motion for summary judgment on the issue of causation.

The Court stated, the «issue of proximate causation is usually a question for the trier of fact that can not be determined on summary judgment» and found that the plaintiffs had provided sufficient evidence of product identification, regular and frequent use, and proximate exposure to asbestos.

Whether or not your case settles out of Court of not depends on a variety of factors, including but not limited to liability, damages, causation, pre-accident health, insurance coverage issues, credibility of the Plaintiff, likeability of the Plaintiff and which insurer you are dealing with.

In their submission to Supreme Court case addressing issues of causation and Workers Compensation Appeals Tribunal jurisdiction, IAVGO and ONIWG argue that scientific certainty is not required (and in fact definitive scientific evidence on work - related causation rarely exists).

Defendants moved for summary dismissal on the issue of causation.

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).

He argued that the trial judge did not properly instruct the jury on how to consider the issue of causation.

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.

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.

As they're waiting for the elevator, talking — it's an overlapping apportionment, causation, and contribution issue — one of them recalls a now almost historical text on the subject.

I've not spilled quite as much real ink (online is different) about the recent SCC decision in Resurfice v. Hanke which has one of those «out of the blue» pronouncements of law that had nothing to do with the disposition of the issues in case: the SCC's declaration that fault and increased risk may sometimes be enough to satisfy tort's causation requirement, even though the injured person can not establish, on the balance of probability, that the fault was a (factual) cause of the injury.

I recommend the causation chapter in Allan Beever's recent text — Rediscovering the Law of Negligence for more depth on why it's a causation of damages issue, not a causation of injuries issue.

That line held that the Snell common sense approach can't be used where expert evidence is adduced on the factual causation issue.

The claimants succeeded at first instance on the preliminary issues of liability and causation.

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.

The judge concluded that by failing to give such warnings the defendant was in breach of its common duty of care; that this would have alerted parents to the risk of danger and as to the issue of causation he concluded that on the balance of probabilities sensible information would «have made every difference».

I used «aberrations» to describe trial decisions above, because, so far, where the the plaintiff succeeded at trial and the causation issue was decided on Resurfice «material contribution,» and the case was appealed, the appellate courts have set aside that finding and either affirmed the conclusion on the basis of «but - for», or dismissed the action if they did not.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.