Shook, Hardy & Bacon L.L.P.
United States:
Schwartz And Appel Explain The Post Hoc Fallacy
30 September 2019
Shook, Hardy & Bacon L.L.P.
To print this article, all you need is to be registered or login on Mondaq.com.
Shook Partner Victor Schwartz and Of Counsel Chris
Appel have authored a Legal Backgrounder article highlighting examples of the post hoc
fallacy, which "presumes that if one thing follows something
else, that first thing must have caused the second thing." The
fallacy often underlies product liability litigation, when a
plaintiff assumes but cannot prove that a product caused an adverse
medical condition.
"When juries buy into the post hoc fallacy, it can result
in serious adverse consequences for society," Schwartz and
Appel note. "Product liability law is replete with unfortunate
examples of courts failing to adequately screen expert testimony
presented to layperson jurors, allowing the post hoc fallacy to
lead jurors down an improper path that jeopardizes the health and
welfare of others."
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Consumer Protection from United States
Dark Chocolate And Heavy Metals
Holland & Knight
In December 2022, Consumer Reports published a study on lead and cadmium in dark chocolate. Dark chocolate came into vogue when studies showed antioxidants in it may have health benefits.
FTC Updates (April 8 – April 12, 2024)
Crowell & Moring LLP
The FTC kept busy through the week of the ABA Antitrust Spring Meeting including an appearance by Chair Lina Khan at the Spring Meeting on an antitrust enforcement panel.
No Asbestos In Cosmetic Talc Products Says FDA
Duane Morris LLP
On April 5, 2024 the US Food and Drug Administration confirmed that its third-party testing of cosmetic talc products for 2023 identified no traces of asbestos in any of the 50 cosmetic samples tested.