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 ...
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 ...
In his column on Construction Accident Litigation, Brian J. Shoot discusses the recent 'Biaca-Neto' case, where this was the principal issue. Should the plaintiff be permitted to recover under section ...
Proximate cause is a necessary element in tort law, but also applies to claims of breach of commercial contract. In a recent decision by Justice Barry R. Ostrager in MUFG Union Bank, N.A. v. Axos Bank ...
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 ...
(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 ...
Back in September, I floated an idea about or moral judgments: that intervening causes between an action and outcome could serve to partially mitigate their severity. This would owe itself to the ...
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 ...