Prevailing On General Causation: Using Risk Ratios And The Bradford-Hill Criteria To Undermine A Plaintiff’s Expert Testimony In Product Liability Actions

Several recent decisions have shed light on the courts’ willingness to dismiss a product liability action where the plaintiff lacks sufficiently reliable evidence of general causation—that is, evidence that the product can cause the purported negative outcome.

Two related scientific concepts frequently arise, especially in cases involving pharmaceuticals or chemicals: (i) relative risk rates1 and (ii) the Bradford-Hill criteria for general causation. It is important for defense counsel to understand these concepts so that they can identify […]

By | January 12th, 2022 ||

New Proposed Registration Requirements For Covered Financial Products And Services Under The California Consumer Financial Protection Law

Last year, California passed the  California Consumer Financial Protection Law (“CCFPL”), which renamed the Department of Business Oversight as the Department of Financial Protection and Innovation (“DFPI”) and expanded the authority of the department, including increased regulatory authority related to certain financial products. Under that widened purview, the DFPI has now  proposed regulations requiring registration for certain financial product providers, including education financing and wage-based advances.

The CCFPL as Enacted

Under the statute, certain regulatory burdens apply to “covered persons” […]

By | December 18th, 2021 ||

Selecting And Utilizing Witnesses In Product Liability Cases

Product liability cases are often highly technical and can require expert testimony to help make your case in court. Which type of expert is chosen and whether expert testimony is required depends on the test used.

Under California law, there are two tests that can apply to products liability cases:

Consumer expectations. Under this test, the product is defective if it fails to perform as an ordinary consumer would expect. This test does not often require […]

By | November 8th, 2021 ||