JD Supra

Lack of Proximate Cause Dooms Plaintiff's Appeal of Adverse Summary Judgment

The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the court. The plaintiff alleged his former attorney failed to send him a ...
JD Supra

A Defense Win in Texas on the Issue of "But For" Proximate Causation in a Legal Malpractice Case

The Texas Court of Appeals held that when a plaintiff's claim against her former attorney properly is grounded in professional negligence, the plaintiff cannot also bring a breach of fiduciary duty ...
Law

Proximate Cause, Threshold Injury and Scope of Duty Take Center Court

Jeffrey S. Lichtman and Richard A. Menchini, partners at O'Hare Parnagian, review personal injury decisions that provide valuable guidance to the practitioner tasked with developing a strategy in ...
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 ...