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

Concurrent Cause Issues in Insurance: How to Unravel the Language

Property insurance policies are complex legal contracts. That’s because the insurance industry has its own language and processes that can be subject to multiple interpretations. One of the terms that ...
Law

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

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 ...
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 ...