Every first-year law student who takes a torts class learns about the crucial element of causation. It is 'black letter law' that an injured party must link, in some fashion, a manufacturer's allegedly defective or negligently made product to the harm alleged in order to recover damages.
In re Allied Chemical Corp.: 'Cause' for Celebration By Defendants?
The Texas Supreme Court has made it clear that it considers the disclosure of the identities of medical or other causation experts willing to link plaintiffs' injuries to defendants' products or behavior as 'basic information' without which defendants cannot mount an appropriate defense. At least in the case of mass tort claims, trial courts are barred from setting trial dates or otherwise moving cases forward without providing defendants with a real opportunity to obtain basic causation information from plaintiffs' counsel.
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Kurt Hamrock And Geraldine DoetzerThis premium content is locked for LawJournalNewsletters subscribers only
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