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When researcher Jared Towers set up his cameras underwater to observe a pair of killer whales, he saw something strange.
In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s ...
As Justice Antonin Scalia memorably put it, “ ‘for want of a nail, a kingdom was lost’ is a commentary on fate, not the statement of a major cause of action against a blacksmith ...
(Justice Antonin Scalia would have blanched – balancing tests were his bane.) Kennedy drove the argument back once more to the specific question of proximate cause on this record – and then flatly ...
The reason to also address proximate cause is because it's an extraordinarily important issue that I think applies in many different contexts, ...
Kaufman, 156 A.D.3d 436, 436-37 (1st Dept. 2017) (dismissing plaintiff's claim for lack of proximate cause because plaintiff's assertion that he would have recovered the full $3 million that he ...
PJI 2:217.2 Injured Employee–Action Under Statute Imposing Absolute Liability states in part: “The defendant is not liable to the plaintiff if the plaintiff's conduct was the sole cause of his ...
RICO's proximate cause element remains flexible enough to encourage more RICO suits. Even if other courts limit the application of this decision to RICO cases that allege fraud on the court ...
A superseding cause is a defense in a personal injury case. The defendant is claiming that it wasn’t their action or omission that caused the injury, but rather something that happened after ...