... if his negligence "directly contributed to cause" the injury, while railroad negligence is measured... "[In all actions under FELA], the fact that the employee may have been guilty of contribu... 1740 (1890) ("Natural, proximate, and legal results are all that damages can be recovered for,...
[...] an attorney who understands it to be his duty to press for every advantage that is arguably legal will often find himself positioned on a razor's edge - attempting a delicate balance between his duty of zealous representation and his duties to the court (and the attendant prohibitions on practices such as delay tactics, frivolous arguments, and subornation of perjury). [...] a lawyer must also evaluate whether certain aggressive tactics will in fact advance the interests of his client, or whether engaging in them is more likely to alienate the court and the jury, prevent beneficial negotiations with the prosecution, or result in a loss of credibility that harms the client's cause.
... K ANNE, Circuit Judge. Dennis Hernandez caused a severe automobile accident in Southern Illinois ... a remarkably simple, undisputed set of facts. At approximately 5:00 p.m. on September 26, 2008,... cause encompasses both cause in fact and legal cause. Lee v. Chicago Transit Auth., 605 N.E.2d 49...
According to the FBI director Robert Mueller, the decision "is detrimental to the cause of justice." Nowadays a judge must follow procedural rules of equity. [...] epieikeia is ensnared in Derrida's "first aporia," namely, our "freedom" to judge "must follow ... a prescription, a rule" (23).
...Perhaps reflecting the fact that 190 of the victims came from the US, not to m... "mystical." If the foundation is "neither legal nor illegal" (14), neither just nor unjust, no law...
...(2) Both cases involved eerily similar fact patterns where an off-duty police officer, unbekno... the subject of intense criticism by the legal community. (16) In its traditional form, the felon...
... plaintiff fails to establish proximate cause or as simply establish ing a limited cause of a... Legal Standards We review de novo the district court'... its entirety, on its face fails to allege facts sufficient to establish subject matter jurisdictio...
... Discussion A. Legal Standards We review de novo the district court'... its entirety, on its face fails to allege facts sufficient to establish subject matter jurisdictio...] reach much anticompetitive conduct that causes only foreign injury." Empagran I, 542 U.S. at 158....
In a number of recent cases, appellate courts have upheld the homicide convictions of criminal defendants whose conduct merely reduced the victim's chances of surviving another injury or illness that likely would have killed the victim anyway. Cases of this kind, which are known among tort scholars as "lost chance" or "loss of chance" cases, do not satisfy the criminal law's traditional requirement of "but for" causation: because the other injury or illness likely would have killed the victim anyway, it cannot be said that the victim would not have died "but for" the defendant's conduct. This Article argues, though, that the courts' departure from tradition in these cases is justified. Specifically, this Article argues that treating "lost chance" as a species of causation is consistent...
... teaches that the general rule governing factual cause in criminal law "is strict, straightforward,...: that the trial evidence of causation was legally insufficient, and that he therefore was entitled n...
...P. 52. We AFFIRM. . I. FACTS & PROCEDURAL HISTORY On November 8, 2008, in... trial findings of fact for clear error and legal issues de novo. Mid–South Towing Co. v. Exmar Lu... created a dangerous condition which caused plaintiff's injury; (2) that defendant had actual ...
... never designed to serve as a free-standing legal device for the purpose of 'doing justice,' nor is ... of Civil Procedure 23(b)(3) requires common facts to predominate over individual ones, courts must d... fact is only that the violative practice caused the damage to class members or that the violative ...
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