JD Supra

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of Actions Within Their Regulatory Authority – A ...

On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National ...

Special prosecutor clears Cuyahoga deputies of charges in high-speed chase that ended in two deaths

Cuyahoga County sheriff's deputies will not face charges after their involvement in a high-speed chase that involved a crash ...
Law

Proximate Cause in Contract? A Mistake New York Courts Can Avoid

Ethan Leib, Professor at Fordham Law School, argues that that New York courts mistakenly apply the tort concept of “proximate cause” to contract law and calls upon the New York Court of Appeals to ...
JD Supra

Proximate Cause In Breach Of Contract Actions: Is Loss A Foreseeable Consequence Of Circumstances Created By The Breaching Party?

Proximate cause is a necessary element in tort law, but also applies to claims of breach of commercial contract. In a recent decision by Justice Barry R. Ostrager in MUFG Union Bank, N.A. v. Axos Bank ...
Law

Construction Accident Litigation, Part 1: 'Biaca-Neto' and Sole Proximate Cause

In this edition of his Construction Accident Litigation column, Brian Shoot focuses upon a single question: whether the plaintiff-worker's conduct constitutes the sole proximate cause of the subject ...