While consensus surrounds the proximate cause
standard for the "gives rise to" prong of the FTAIA, the circuits are split with regard to what standard appropriately represents the "direct, substantial and reasonably foreseeable effect" requirement of the FTAIA.
Courts have disagreed as to whether the proximate cause
language in [section] 2259 should be applied to the entire statute, or only to those losses listed in the last subsection of [section] 2259(b)(3).
A proximate cause
is a cause which, in a natural and continuous sequence, unbroken by a new cause, produces an injury, illness, disease, or death and without which the injury, illness, disease, or death would not have occurred.
A lot of practitioners don't appreciate that proximate cause
has two elements: directness and forseeability.
The implications of this research for the proximate cause
theory of the felony murder rule are twofold.
Assuming the court believes this notice requirement is met, the proximate cause
of the automobile accident is the negligent furnishing of alcohol by the employer.
Neighborhood Housing Services, the court noted that, in order to recover under the Scaffold Law, there must be some evidence that a violation of the law by the contractor or owner was the proximate cause
of the accident, as opposed to Cahill's sole negligence.
Applying what it claimed were general tort principles and noting that there can be more than one proximate cause
of an event, the court concluded that "it is obvious that the negligence of a plaintiff who causes the initial collision is one of the proximate causes
of the injuries he sustained, whether limited to those the original collision would have produced or including those enhanced by a defective product in the second collision.
NEW ORLEANS -- Subclinical urinary tract infection may be an important proximate cause
of acute coronary syndromes.
As with any other negligence claim, a plaintiff must show that the employer's negligent supervision or negligent retention of the employee was a proximate cause
of the injury and that the harm to third parties was foreseeable.
Sherwin-Williams is not the proximate cause
of injuries unless one of its products is identified as creating a lead-paint hazard in a particular school.
The proximate cause
of our dying is a failure to reproduce ourselves.