The controversy arises over what level of risk reduction or lost opportunity is necessary to constitute proximate
compositions of normal maize, QPM flours and those of maize/soybean and maize/cassava composite flours, and bread samples prepared from the respective flours were determined to study the proximate
nutritional composition, that is, to compare the nutritional values of the raw materials (flours) and their respective breads.
Since the previous-FDIs-home-country cultural difference is small, the MNE is likely to exploit a significant amount of its home-country-developed knowledge base and encounter few cultural challenges during the operation of FDIs proximate
to the MNE's home country.
Court interpretation relies on demonstrably weak textual, intent, and purpose-based arguments to justify using proximate
Instead of requiring that victims' losses be proved under a proximate
cause standard, Congress should write a statute that provides victims with a set statutory award akin to presumed or liquidated damages.
Third, he must find that the person's negligence or willful misconduct was the proximate
cause of the LDD to government property--that is,
Cohen adds that Ohio case law has different standards for proximate
cause, including that there can be more than one cause and, citing a 1957 Ohio Supreme Court ruling about a particularly complicated auto accident, that proximate
cause exists if the injury wouldn't have taken place without a chain of events stemming from an initial misdeed.
A majority of an appellate court panel affirmed, holding that in an asbestos case, once a plaintiff satisfies the frequency, regularity, and proximity test of Thacker v UNR Industries, Inc, 151 111 2d 343, 603 NE2d 449 (1992), the defendant is presumed to have been a proximate
cause of a decedent's injury.
10) Research suggests that these two biases, working in tandem, considerably undermine people's ability to judge the foreseeability of events in hindsight accurately (11)--a task required of juries and judges in determining the guilt of felony murder defendants via the proximate
Because there was a genuine issue of material fact as to whether the negligence of the nurses was the proximate
cause of the patient's death and injuries, the court concluded that the trial court did not err in denying the hospital's motion for summary judgment on the plaintiff's claim against the nurses.
Supreme Court, however, unanimously ruled that ERISA completely pre-empts the plaintiffs' state law claims, and the high court judges noted that under ERISA if an HMO concludes that a particular treatment isn't covered under the terms of the plan, its "denial of coverage would not be a proximate
cause of any injuries arising from the denial.
cause is a sine qua non in proving a hospital's liability for nursing negligence.