Next Generation Bar Exam Quiz
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CIVIL PROCEDURE
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In a federal products liability action, the plaintiff claimed that a prescription drug caused her liver injury. The defendant moved for summary judgment for lack of causation. The plaintiff's only evidence was an affidavit from her treating physician, who stated: "It is possible that the drug caused the plaintiff's injury; the drug is known to cause liver problems in some patients, but I cannot say to a reasonable degree of medical probability whether it did so here."
How should the court rule?
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