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

Second Circuit Decision Potentially Broadens RICO Proximate Cause Element

The Second Circuit Court of Appeals recently issued an opinion that potentially broadens the proximate cause element of claims brought under the Racketeer Influenced and Corrupt Organizations Act ...
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

But What About But-For Causation? Challenging Legal Malpractice Claims for Lack of Proximate Cause

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 ...
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 ...