Law School Toolbox Podcast Episode 382: Listen and Learn -- Negligence: Proximate Cause
Second Circuit Decision Potentially Broadens RICO Proximate Cause Element - RICO Report Podcast
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
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
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
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
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
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
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
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
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
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
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
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
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
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
In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and...more
Flanigan v. Herman., 2024 Wash. App. LEXIS 44 (Wash. Ct. App. Jan. 11, 2024) - Brief Summary - The Washington Court of Appeals held that when the facts are undisputed, proximate cause is an issue of law to be decided by the...more
On March 17, 2023, in honor of Fair Housing Month, the U.S. Department of Housing and Urban Development (HUD) announced it would reinstate the 2013 discriminatory effects rule (the 2013 Rule) (see 24 C.F.R. § 100.500 (2014))...more
The Superior Court of New Jersey Appellate Division affirmed a trial court's order granting summary judgment in favor of the defendant attorneys and law firm, ruling that plaintiff had failed to establish that defendants owed...more
Welcome back to the Law School Toolbox podcast! Today, we're discussing Proximate Cause – a subtopic of Negligence in Tort Law. In this episode we discuss: >Reviewing the elements of negligence >The two hurdles a plaintiff...more
This week, the Court addresses the availability of a Bivens cause of action against federal officials and certifies two insurance law questions to the Montana Supreme Court. The Court holds that a Bivens cause of action...more
Supreme Court of New York, New York County - Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in...more
Does Arkansas law recognize a strict liability products claim? Yes. Despite the absence of any contractual relationship, the supplier of a product in Arkansas is subject to liability in damages for harm to a person or...more
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
As previously reported in Goldberg Segalla’s Asbestos Case Tracker — (NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds – Asbestos Case Tracker) — the New York Court of Appeals recently overturned...more
New Jersey Supreme Court, June 30, 2022 - In this asbestos action, decedent Willis Edenfield (“Edenfield”) commenced a failure to warn product liability action against defendant Union Carbide. The Appellate Division...more
Facing a $12.8 million judgment, a plaintiff sought recourse in a legal malpractice claim against his trial counsel for its alleged role in that unhappy result. But his undoing was the Business Court’s focus on whether he...more