Law

Sole Proximate Cause: A Misunderstood Defense

In their Trial Practice column, Robert S. Kelner and Gail S. Kelner of Kelner & Kelner write that although comparative negligence, no matter how extreme, is not a defense to liability under Labor Law ...
Law

But What About But-For Causation? Challenging Legal Malpractice Claims for Lack of Proximate Cause

But What About But-For Causation? Challenging Legal Malpractice Claims for Lack of Proximate Cause In recent decisions, New York courts have shown a consistent willingness to dismiss malpractice ...
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 ...
JD Supra

Palsgraf goes viral: Viruses as the proximate cause of an injury

A central question in every tort case is what caused the injury. The question of proximate cause does not end with the inquiry of whether it is possible for a particular product or act to cause an ...