Law

Proximate Cause in Contract? A Mistake New York Courts Can Avoid

Ethan Leib, Professor at Fordham Law School, argues that that New York courts mistakenly apply the tort concept of “proximate cause” to contract law and calls upon the New York Court of Appeals to ...
Law

Proximate Cause: Plaintiff's Employer and Its Post-'Burlington' Role in the Duty To Defend Analysis

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the ...
JD Supra

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the court. The plaintiff alleged his former attorney failed to send him a ...
JD Supra

Jury Instruction: Proximate Cause

Under Washington law, juries are instructed that a plaintiff must prove that a defendant’s asbestos-containing product was a “substantial factor” in the plaintiff’s development of their alleged ...
Reason

Second Amendment Roundup: Supreme Court Should Resolve Proximate Cause in S&W v. Mexico

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 ...
IPWatchdog

D.C. Circuit Finds No Proximate Cause in Patent Attorney Malpractice Case

“No reasonable jury could find that the loss of Seed’s Count I claim against Kratz was a foreseeable result of [Armstrong’s] advice because Armstrong had no reason to believe that, by advising Seed ...