Showing posts with label Cause in fact. Show all posts
Showing posts with label Cause in fact. Show all posts
Saturday, February 3, 2024

Follow up on the possible criminal liability of a parent

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 A few days ago I posted a comment on the ongoing prosecution of the mother of a child who engaged in a mass shooting at a school.  The cas...
Friday, January 26, 2024

News reports that a case in Michigan will decide if parents can be criminally responsible for a child's actions are wrong

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 If you have been paying attention to the news, you may have heard that a criminal case is just underway in Michigan in which the mother of ...
Sunday, September 10, 2023

Idaho joins the modern trend that requires proof of "the case within the case" in legal malpractice cases based on alleged negligence in litigation

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 I have to confess that I assumed that, as part of the analysis of cause in fact, all states required a plaintiff in a legal malpractice cas...
Sunday, November 7, 2021

Judge recently issued a "tentative decision" against the plaintiffs in California case related to opioid crisis

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If you have been watching "Dopesick" on Hulu or "Goliath" on Amazon Primes, you might be disappointed to hear that this ...
Saturday, November 21, 2020

Louisiana Supreme Court holds that plaintiffs do not need to show that they would have been able to collect the judgment in the "case within the case" to support malpractice claim

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As you know, when a plaintiff sues a lawyer for malpractice in a litigation matter alleging that the defendant's representation caused t...
Sunday, March 1, 2020

Louisiana Court of Appeal Rejects Collectability Defense In Legal Malpractice Case

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To support the element of cause in fact in a legal malpractice case, the plaintiff has to argue (and later prove) that he or she would have ...
Saturday, September 21, 2019

Connecticut Supreme Court adopts "alternative liability doctrine"

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Assume that three men enter an abandoned building without permission.  While there, they drink alcohol and smoke cigarettes.  One of them fa...
Thursday, January 17, 2019

Shooting victims argue on appeal to revive case against social media platforms

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In a recent oral argument before the Court of Appeals for the 6th Circuit, attorneys for some victims and family members of those killed dur...
Friday, May 27, 2016

More thoughts on possible liability for the consequences of the conduct of app users: Is Uber dangerous?

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Over at the New York Personal Injury Lawyer Blog, Eric Turkewitz has posted a very interesting short comment called Uber Cars are Uber Dange...
Monday, October 13, 2014

Washington State Supreme Court decides "uncollectability" is not an element of a legal malpractice cause of action

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As you probably know, if a legal malpractice claim is based on alleged negligent conduct in handling a litigation, the plaintiff has to argu...
Saturday, April 5, 2014

Summers v Tice, 2014 edition: anti gun control state representative accidentally shoots another in hunting party

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If you took Torts, you probably remember reading Summers v. Tice , the case about the two hunters who simultaneously shot in the direction o...
Wednesday, March 12, 2014

Recent Illinois Appellate Court opinion shows Illinois law is out of touch with generally accepted principles of tort law

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I just read a recent opinion of the Illinois Appellate Court which, based on an analysis developed by the Illinois Supreme Court, makes me t...
Monday, March 10, 2014

After all these years, a new claim against the manufacturers of DES

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You may remember from your law student days having read two important cases involving claims against manufacturers of a drug usually refer...
Tuesday, March 5, 2013

NY Review of Books publishes article on lead poisoning

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The New York Review of Books has published an article on the issues related to lead poisoning cases called "Lead Poisoning: The Ignored...
Wednesday, April 11, 2012

Arizona senate approves law barring wrongful birth/wrongful life and wrongful conceptions claims

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About two months ago I reported that that lawmakers in Arizona were considering a ban on “wrongful birth” lawsuits.  Now comes news that th...
Monday, February 13, 2012

Arizona considers ban on wrongful life lawsuits

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AboutLawsuits.com is reporting today ( here ) that lawmakers in Arizona have proposed a ban on “wrongful birth” lawsuits to prevent parents ...
Wednesday, December 7, 2011

New information on Summers v. Tice

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The blog Concurring Opinions has a short comment on the classic old case Summer v Tice - the case most law students remember as the case of...
Sunday, October 9, 2011

DES still causing problems after all these years

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Last week in class we discussed two famous cases involving claims for injuries caused by DES, a drug commonly used decades ago to prevent mi...
Monday, September 26, 2011

Oregon finds that convicted defendant can bring malpractice claim against lawyers for mishandling post conviction appeal

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As I have discussed previously (more recently here , here and here ), a majority of jurisdictions hold that a convicted criminal defendant ...
Saturday, June 25, 2011

Defendant who pleads nolo contendere is precluded from suing for legal malpractice

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Here is the most recent case in a long line of bad cases that hold that a criminal defendant does not have a right to sue his or her attorn...