News & Analysis as of

Proximate Cause

Husch Blackwell LLP

Illegality Defense Bars Recovery in Kansas Inhalant-Abuse Case

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Each year, thousands of individuals are severely injured or die from intentional inhalation of everyday products like computer duster to achieve a euphoric high. When these injuries or deaths lead to lawsuits against...more

Marshall Dennehey

Property Owner Not Liable for Injuries Caused by Unforeseeable Third-Party Vehicle Misconduct

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Coleman v. Via Entertainment, LLC, 2025 WL 2626061 (District Court of Appeal of Florida, Fifth District, 2025) - The plaintiff, Jarvis Coleman, attended an event hosted by Via at an entertainment venue and, upon leaving the...more

Freeman Mathis & Gary

Kentucky Court of Appeals soft launches a hard change to proximate cause

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In Jena Lhotsky v. Guy Sutcliffe, No. 2024-CA-1521-MR (Ky. Ct. App. Oct. 17, 2025), a recently published opinion, the Kentucky Court of Appeals proposed a substantial change to how courts across the Commonwealth analyze...more

Faegre Drinker Biddle & Reath LLP

Close, But Not Quite: Eastern District of North Carolina Excludes Experts Whose General Expertise Does Not Enable Specific...

Even “[a] supremely qualified expert cannot waltz into the courtroom and render opinions” unless those opinions pass muster under Federal Rule of Evidence 702. Clark v. Takata Corp., 192 F.3d 750, 759 n.5 (7th Cir. 1999). As...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 329: Listen and Learn -- Negligent Infliction of Emotional Distress (Torts)

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Welcome back to the Bar Exam Toolbox podcast! This episode explains the concept of negligent infliction of emotional distress (NIED) in tort law, outlining the four specific situations in which a plaintiff can recover for...more

Wiley Rein LLP

Misappropriation of Funds Exclusion Bars Coverage for a Negligent Background Check that Led to Hiring of Embezzler

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The United States District Court for the Eastern District of California, applying California law, has held that a misappropriation of funds exclusion barred coverage under an E&O policy for a claim against a company that...more

Husch Blackwell LLP

Texas Supreme Court Reverses Nuclear Verdict Based on a Lack of Proximate Causation

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The Texas Supreme Court’s recent decision in Werner Enterprises, Inc. v. Blake (No. 23-0493) clarifies proximate causation in personal injury cases ensuring an appropriate bar for proving the causation element of a negligence...more

Marshall Dennehey

Appellate Court Affirms State Liability in Intersection Crash, Finds Other Driver’s Negligence Not a Superseding Cause

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Hunt, et al. v. State of New York, 237 A.D.3d 1386 (N.Y. App. Div. 2025) - In a case involving an automobile collision, the Supreme Court of New York, Appellate Division affirmed a decision in favor of the claimants, holding...more

EDRM - Electronic Discovery Reference Model

The Shape of Justice: How Topological Network Mapping Could Transform Legal Practice

What if justice had a shape — not rigid scales or a blindfolded figure, but a living, dynamic map? Imagine causation as a multidimensional space, where influence, control, and responsibility could be mapped across a moving...more

Law School Toolbox

Law School Toolbox Podcast Episode 516: Listen and Learn -- Elements of a Crime

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Welcome back to the Law School Toolbox podcast! Today, we're focusing on the basics of Criminal Law – that is, the elements of a crime. Specifically, we're going to spend some time diving into the two most important elements:...more

Akerman LLP

Texas Supreme Court Clarifies Proximate Cause in Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

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On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate cause in Texas negligence law. The Court reversed a...more

Freeman Law

Public Trust on the Road – A Life Reality that All Should Consider

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In a recent vehicular negligence opinion from the Texas Supreme Court, the Court addressed legal issues of proximate cause and substantial factor-to-injury in a situation where a vehicle, while driving in icy conditions,...more

Winstead PC

Court Reversed Judgment Against A Financial Advisor Due To A Lack Of Evidence Of Damages

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In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.)....more

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

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In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Chartwell Law

Texas Supreme Court Reverses $89M Verdict in Landmark Trucking Case

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The Texas Supreme Court recently issued a major opinion reversing a nearly $90 million judgment against a national motor carrier in a personal injury suit arising from a multi-vehicle crash on an icy interstate. The case,...more

Hanson Bridgett

The Texas Supreme Court Detours the Trucking Industry Around a Historic Nuclear Verdict

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On an icy winter day more than ten years ago, the driver of an F-350 pickup truck, traveling eastbound on Interstate 20, crossed a 42-foot grassy median, entered in westbound traffic, and collided with a Werner Enterprises...more

ArentFox Schiff

Too RICO for My Blood: Supreme Court Potentially Expands Recovery to Losses Stemming from Personal Injuries

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In a decision earlier this year, the US Supreme Court held that plaintiffs bringing civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims may be able to recover damages for business or property losses that...more

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

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In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Marshall Dennehey

New Jersey Revises Jury Charge on Proximate Cause in Legal Malpractice

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A recent update to New Jersey’s Model Civil Jury Charges marks a significant development in legal malpractice law—and directly reflects the work of attorneys in our Mount Laurel, New Jersey office, Jack Slimm and Jeremy...more

Frantz Ward LLP

Who Decides? The Juror Rule Showdown in Ohio Courts

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The right to a trial by jury in Ohio is one of the most fundamental rights in our judicial system. In civil cases, the Ohio Constitution requires concurrence of no less than three-fourths of the jury. Ohio Const., art. I...more

Kohrman Jackson & Krantz LLP

Ohio Supreme Court's Decision on Same-Juror Rule: What It Means for Negligence Lawsuits

On September 5, 2024, the Supreme Court of Ohio issued a ruling addressing the application of the same-juror rule in negligence cases in Hild v. Samaritan Health Partners, deciding whether the defendant-hospital was negligent...more

Holland & Knight LLP

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

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A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest...more

Marshall Dennehey

Motion for Summary Judgment Denied on Issue of Proximate Cause

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Galloway v. Lux Credit Consultants, LLC, --- N.Y.S.3d ----, 2024 WL 820922, 2024 N.Y. Slip Op. 01003 - In an action to recover damages for personal injuries, the plaintiff appealed an order of the Supreme Court, Kings County,...more

Winthrop & Weinstine, P.A.

What You Need to Know About the Minnesota Supreme Court Decision on Negligent Selection of Independent Contractors

The Minnesota Supreme Court recently issued a landmark decision recognizing the tort of “negligent selection of an independent contractor.” This development holds significant implications for businesses that engage...more

Proskauer - Health Care Law Brief

Recent Circuit Litigation Continues to Highlight “But-For” Causation Requirement for the Government to Demonstrate an FCA...

In recent years, a circuit split among the United States Courts of Appeals has emerged over how courts have interpreted the False Claims Act’s (“FCA”) causation element in cases where a violation of the Anti-Kickback Statute...more

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