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 ...
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 ...
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 ...
JD Supra

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

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 ...
Reason

Second Amendment Roundup: Supreme Court Should Resolve Proximate Cause in S&W v. Mexico

As I posted here, the March 4 oral argument in Smith & Wesson Brands v. Estados Unidos Mexicanos appeared to go well for S&W and not well for Mexico. Mexico's lawsuit seeks to hold America's federally ...
Wall Street Journal

A Lawsuit Targeting Gun Makers Would Hit Us All

Journal Editorial Report: The week's best and worst from Kim Strassel, Joe Sternberg, Allysia Finley and Dan Henninger. Photo: Clodagh Kilcoyne/Reuters/Tom Williams/Zuma Press/Eduardo Munoz Alvarez/AP ...