The initial step to a solution is correctly identifying the problem. If the true nature of a problem isn’t determined, any implemented solution will be ineffective. So obvious, it can precipitate a ...
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 ...
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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 ...
The case arose from a tragic 2014 highway collision near Odessa, Texas. Trey Salinas, driving a Ford F-350 with four passengers, lost control on an icy interstate, crossed a 42-foot-wide median, and ...
On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate cause in Texas negligence ...
Was the loss caused by a covered peril—wind— requiring the insurer to pay for a new roof? Or, was the loss caused by excluded conditions, such as deterioration or wear and tear, which the policy does ...
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