Law: Proximate Cause in Contract? A Mistake New York Courts Can Avoid
Proximate Cause in Contract? A Mistake New York Courts Can Avoid Ethan Leib, Professor at Fordham Law School, argues that that New York courts mistakenly apply the tort concept of “proximate cause” to ...
JD Supra: Proximate Cause In Breach Of Contract Actions: Is Loss A Foreseeable Consequence Of Circumstances Created By The Breaching Party?
Proximate cause is a necessary element in tort law, but also applies to claims of breach of commercial contract. In a recent decision by Justice Barry R. Ostrager in MUFG Union Bank, N.A. v. Axos Bank ...
Proximate Cause In Breach Of Contract Actions: Is Loss A Foreseeable Consequence Of Circumstances Created By The Breaching Party?
The most significant coverage issue facing the fidelity industry today is the scope of causation. Whether a court applies a “direct means direct” or a tort-based proximate cause standard often is the ...
JD Supra: Kentucky Court of Appeals soft launches a hard change to proximate cause
Kentucky Court of Appeals soft launches a hard change to proximate cause
Ethan Leib, Professor at Fordham Law School, argues that that New York courts mistakenly apply the tort concept of “proximate cause” to contract law and calls upon the New York Court of ...
Efficient Proximate Cause Rule Clarified: Coverage Hinges on the Dominant Peril Was the loss caused by a covered peril—wind— requiring the insurer to pay for a new roof? Or, was the loss ...
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 ...