ARTICLE
30 September 2019

Schwartz And Appel Explain The Post Hoc Fallacy

SH
Shook, Hardy & Bacon

Contributor

Shook, Hardy & Bacon has long been recognized as one of the premier litigation firms in the country. For more than a century, the firm has defended companies in their most substantial national and international products liability, mass tort and complex litigation matters.

The firm has leveraged its complex product liability litigation expertise to expand into several other practice areas and advance its mission of “being the best in the world at providing creative and practical solutions at unsurpassed value.” As a result, the firm has built nationally recognized practices in areas such as intellectual property, environmental and toxic tort, employment litigation, commercial litigation, government enforcement and compliance, and public policy.

Shook Partner Victor Schwartz and Of Counsel Chris Appel have authored a Legal Backgrounder article highlighting examples of the post hoc fallacy,
United States Consumer Protection

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.

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