News & Analysis as of

But For Causation Negligence

Phelps Dunbar

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

Phelps Dunbar on

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

Cozen O'Connor

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

Cozen O'Connor on

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

Hinshaw & Culbertson - Lawyers for the...

Illinois Supreme Court Holds Former Client Alleging Legal Malpractice May Recover Punitive Damages Awarded Against it in...

Midwest Sanitary Service, Inc., et al. v. Sandberg, Phoenix & Von Gontard, P.C. et al., 2022 IL 127327 (Sept. 22, 2022) Brief Summary - The Illinois Supreme Court held that defendants' former client can seek to recover...more

Nutter McClennen & Fish LLP

Product Liability 2021 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more

Hinshaw & Culbertson LLP

New Jersey Court Reaffirms Principle that a Plaintiff Must Establish "But For" Causation and Damages in a Malpractice Claim

Picciolo v. Rittley, 2019 N.J. Super. Unpub. LEXIS 1116 - Brief Summary - The New Jersey Appellate Division affirmed summary judgment for defendants in a legal malpractice action where plaintiff failed to prove actual...more

Hinshaw & Culbertson LLP

Doctor's Legal Malpractice Claim Tossed Based on Her Failure to Demonstrate "But For" Causation

Manveen Saluja, M.D. v. Honigman Miller Schwartz & Cohn, LLP, 2017 WL 1033751 (Mich. 2017) - Brief Summary - Summary judgment in favor of defendants was affirmed based on plaintiff's failure to establish that but...more

Winstead PC

Defending Nonsubscriber Lifting Injuries – Part VIII – “But For” Causation

Winstead PC on

Regardless of what factual theory of negligence a lifting injury plaintiff pursues, the plaintiff must prove that the negligence of the defendant caused the injury at issue. As simple as this concept appears, the nature of...more

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