Causation and the Role of the Damages Expert
American Bar Association Commercial & Business Litigation Committee, December 5, 2018
The ABA’s Commercial & Business Litigation Committee has published “Causation and the Role of the Damages Expert,” an article by Analysis Group Vice President Peter Rybolt. Mr. Rybolt discusses the complexity involved with answering the seemingly straightforward question, “Did defendant’s actions cause plaintiff’s losses?” He provides a framework for understanding causation in many contexts, including the many different possible explanations for a plaintiff’s apparent losses. Mr. Rybolt summarizes basic legal concepts related to causation and illustrates the conditions for determining how and when establishing causation may fall within the purview of the damages expert.
The ABA article was adapted from a chapter coauthored by Mr. Rybolt in the book Lost Profits Damages: Principles, Methods, and Applications, edited by Everett P. Harry III and Jeffrey H. Kinrich.