Saturday, January 21, 2006

Factual Causation Beyond DES

I'm a little puzzled about how I missed it last fall, but the Wisconsin Supreme Court extended "risk contribution" [big PDF] beyond the DES context, permitting plaintiffs injured by lead paint pigment to sue even without proof of the specific manufacturer of a generic product.  The opinion has the usual justifications -- who's better able to internalize costs, who's more culpable, etc.  Other than a case or two in the blood factor litigation, it's the only recent case I'm aware of -- though since I missed this one for half a year, maybe there are others out there.

In any event, I'll certainly be incorporating it into my factual causation discussions.

http://lawprofessors.typepad.com/tortsprof/2006/01/factual_causati.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d8355acf4069e2

Listed below are links to weblogs that reference Factual Causation Beyond DES:

Comments

Post a comment