Plaintiffs have established the causation element of their claim.
Furthermore, "[w]hen the injury alleged is the result of actions by some third party, not the defendant, the plaintiff cannot satisfy the causation element of the standing inquiry". Miller v. Redwood Toxicology Lab., Inc., 688 F.3d 935, 935 (2012).
In cases like this one, in which the attorney's alleged error came in failing to make a particular argument, the causation element requires a "case within a case" analysis of whether, had the argument been made, the outcome of the earlier litigation would have been different.
Because reliance and loss causation, two central elements of plaintiffs' case, "necessarily rely on expert testimony," Judge Gertner intimated that if Dr. Hakala's testimony were excluded, her conditional summary judgment decision would have to be revisited.
Judge Gertner pointed out that reliance and loss causation, two central elements of plaintiffs' securities fraud case, "necessarily rely on [the] expert testimony" of Dr. Hakala, implying that if the Court were to exclude the testimony of Dr. Hakala after a Daubert hearing, it would necessarily have to revisit its summary judgment decision.
There, the plaintiffs failed adequately to allege loss causation, a required element in a private securities fraud action.
The Court holds that the plain text and structure of the statute before us require the Government to prove causation as an element of conviction: The defendant's illegal conduct must, in some manner, cause her naturalization.
In Vacco v. Quill, the US Supreme Court "...distinguished between the refusal of lifesaving treatment and assisted suicide [assisted death], by noting that the latter involves the criminal elements of causation and intent.
"Because the essential element of causation was not proved for both counts.
Regarding the element of causation, we recently stated in Riley that while causation is ordinarily a question of fact in a failure to warn claim, it may be determined as a matter of law where reasonable minds can reach but one conclusion.
