Although proximate cause often involves issues of fact that cannot be decided as a matter of law, New York courts regularly and closely scrutinize allegations that are speculative in nature. For ...

Marin Scordato has posted to SSRN Three Kinds of Fault: Understanding the Purpose and Function of Causation in Tort Law. The abstract provides: Causation is a concept of enormous importance in the ...

Sandy Steel, Justifying Exceptions to Proof of Causation in Tort Law, The Modern Law Review, Vol. 78, No. 5 (SEPTEMBER 2015), pp. 729-758 ...

Information about the Law Professor Blogs Network.Wednesday, October 23, 2024 Call for Co-Signers on SCOTUS Tort Scholars’ Brief on Proximate Causation ...

The court in Taneja required a showing of but-for causation, a higher burden than the Third Circuit’s requirement that a prohibited remuneration fall within the causal chain leading to a claim.

One natural law we DO all know about is the law of gravity. We know that if we get on top of a building or stepladder and fall or walk off, we will ALWAYS go down, we will NEVER go up.

As loss and damage litigation gains momentum, however, one of the biggest challenges remains the legal question of causation ...