Conventional wisdom dictates that a lawyer being sued for legal malpractice in New York will rarely win a motion to dismiss based on lack of causation. Nevertheless, the case law suggests that a ...
There is an ongoing debate in many circles as to whether causation is a separate entity from “increased risk of harm” in ...
The initial step to a solution is correctly identifying the problem. If the true nature of a problem isn’t determined, any implemented solution will be ineffective. So obvious, it can precipitate a ...
As I posted here, the March 4 oral argument in Smith & Wesson Brands v. Estados Unidos Mexicanos appeared to go well for S&W and not well for Mexico. Mexico's lawsuit seeks to hold America's federally ...
Sean Marotta argued for Ford. He proposed that, for a state court to exercise personal jurisdiction over Ford, the company’s contacts with the state must be the “proximate cause” of the accident and ...
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The ‘proximate cause’ doctrine
My friend caused a vehicular accident and hit a 5-year-old boy who was then unsupervised by his parents. My question is simple: can we shift the liability to the parents of the boy, who were negligent ...
As the third day of testimony in the murder trial of former Minneapolis police officer Derek Chauvin got underway today, the prosecution's case may seem like a slam dunk. Yesterday was marked by ...
OXFORD, Mich. – In an effort to dismiss their case before heading to trial, the parents of the Oxford High School shooter have appealed a ruling binding them over to trial to the Michigan Supreme ...
For five years, Bandleader Emery Deutsch and his wife vainly sought damages from Manhattan’s Doctors Hospital for the permanent mental retardation of their son. The Deutsches claimed that hospital ...
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