The Causation Life Cycle: How Some Novel Causation Theories Become Mainstream (and Others Don't)
Partner Brendan Collins, who defends owners of renewable energy generation facilities against toxic tort claims, and panelists will explore the trajectory of causation theories, which often begin as far-fetched and little-understood correlations that are eventually either disproved or confirmed through greater experience, keener observation, or better science.
They will trace the history of causation understanding regarding a sampling of alleged toxics that have produced litigation in the past, and discuss when the scientific connection between exposure and injury becomes sufficient to support good-faith claims. Panelists also will consider whether courts perform adequately as gatekeepers when there is scientific disagreement on causation, and search for the tipping point when scientific confidence in causation matures.
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