First, a proximate cause
standard should be adopted because it is most consistent with the statutory language.
In In re Amy Unknown, a three member panel of the Fifth Circuit ruled [section] 2259's proximate cause
language only applies to the final category of losses listed in the statute.
In order for an act or omission to be a proximate cause
of the undesired harm or loss, the harm or loss must first be the natural and probable result of the act or omission.
Hudson and Klebanowski are both discussed in detail as illustrations of the anomalous consequences resulting from the modern application of the proximate cause
theory of the felony murder rule.
Relying on the so-called subsequent tortfeasor doctrine, the court explained that "an original tortfeasor is considered a proximate cause
, as a matter of law, of injuries caused by subsequent negligen[ce]" of the manufacturer of the defective product.
My Webster's Dictionary defines science as "knowledge as of facts, phenomena, laws, and proximate causes
, gained and verified by exact observation, organized experiment, and correct thinking.
The definition of proximate cause
that is submitted to the jury at trial is as follows:
Addressing a proximate cause
, such as replacing the glass face on the meter, would not prevent the deficiency from reoccurring.
Under the Act, a plaintiff may only be awarded punitive damages if it can show that the defendant's conduct "showed a conscious, flagrant indifference to the rights or safety of others and was the proximate cause
of the harm or loss that is the subject of the year 2000 claim.
Although PlA2 seems to be the proximate cause
of Grinkov's collapse, researchers wonder whether it also plays a role in the slow process of atherosclerosis.
The evidence he quotes suggests that, in October 1905 at least, the pogromists were outraged by what they took to be insults to deeply held convictions about the place of Tsar and Orthodoxy in the world: radical celebration of the humiliation of the Tsar, together with rumors about mockery of the Church, were the proximate cause
of the pogrom, in Ekaterinoslav as elsewhere in the Russian empire.
is a prophetic image literalized in the flood scene in which a confused cow and a vicious dog in combination are the proximate cause
of Tea Cake's irrevocable wound.
The hiring of the employee was the proximate cause
of the injuries to the plaintiff.
They must be acts intentional under some description which are the proximate cause
of the damage, and there must be notice that strict liability attaches to such damage.
In its defense, Peat alleged Mocatta knew all or almost all the matters Peat allegedly failed to discover or disclose, and therefore Peat could not be the proximate cause
of Mocatta's losses.