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 ...
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 summary ...
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 ...
(CN) - The Supreme Court on Thursday affirmed jury instructions on negligence that resulted in a judgment of more than $183,000 for a train engineer who permanently injured his hand while working for ...
The Second Circuit Court of Appeals recently issued an opinion that potentially broadens the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act ...
Yesterday’s argument in County of Los Angeles v. Mendez was, in a word, unsatisfying. The question of governmental liability for a law enforcement shooting of innocent individuals is extremely ...
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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 ...
Kyler Sherman-Wilkins, Ph.D. With the recent school shooting in Uvalde, Texas, in which at least 19 children and two teachers were massacred, American exceptionalism is again on full display. As of ...
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