While consensus surrounds the proximate cause
standard for the "gives rise to" prong of the FTAIA, the circuits are split with regard to what standard appropriately represents the "direct, substantial and reasonably foreseeable effect" requirement of the FTAIA.
73) The court concluded that it was the function of the fact finder to consider and evaluate the conduct of all relevant actors who are alleged to have caused or contributed to cause the harm, determine whether such conduct satisfies the requirement of proximate cause
, allocate as comparative fault only such fault that it finds to have been a proximate cause
of the claimed injuries, and, if the fault of more than one actor is found to have been a proximate cause
of the claimed injuries, the fact finder may consider the relative degree of proximate causation attributable to each of the responsible actors.
Despite the terminology, proximate cause
is not about causation at
10) Investigating officers can conflate proximate cause
with their earlier findings of responsibility, negligence or misconduct.
Is there any proximate cause
requirement between the victim's losses and the particular defendant's conduct?
Cohen adds that Ohio case law has different standards for proximate cause
, including that there can be more than one cause and, citing a 1957 Ohio Supreme Court ruling about a particularly complicated auto accident, that proximate cause
exists if the injury wouldn't have taken place without a chain of events stemming from an initial misdeed.
Consequently, the appellate court affirmed the judgment of the trial court granting summary judgment in favor of the defendant be cause the defendant did not breach its duty to provide a safe means of ingress and egress and the plaintiff failed to prove that the allegedly dangerous condition on the property was the proximate cause
of his injuries.
Whereas factual cause is relatively easy to ascertain, proximate cause
He has served as lead attorney in more than 20 appellate decisions defining many areas of Utah law, including proximate cause
, arbitration agreements, governmental immunity and enforcement of settlement agreements.
If the covered peril was the proximate cause
of a home's destruction, that court held, the insurer would have to pay the full value of its policy.
The proximate cause
of the surge in headline inflation is the global rise in commodity prices.
4) The Illinois Supreme Court upheld both convictions under the felony murder rule and reaffirmed its allegiance to the proximate cause
theory of felony murder.
The Alabama Supreme Court, however, has ruled that foreseeability alone is not a sufficient basis for liability and that a plaintiff must also prove by substantial evidence that the mental health professional breached the applicable standard of care and that this breach was a proximate cause
of the patient's death.
As such, employees bore the burden of convincing a jury by a preponderance of the evidence that the employer had a duty to the employee, breached the duty with ensuing harm, and that there was a proximate cause
between the breach and the harm.
After all, the husband contracted a physical disease from exposure to asbestos, and that was the proximate cause
of the lawsuit.