Child victim restitution standard shatters circuits 
By:
Kimberly Atkins
Published: December 17, 2012
Tags: Circuit Breaker, circuit split, Mandatory Restitution for Sexual Exploitation of Children Act, proximate cause, restitution
WASHINGTON – A federal statute makes it mandatory for victims of child pornography to get restitution for the losses they suffer. But federal court rulings deciding how those losses should be categorized and what proof is required to establish liability are so divergent that the term “circuit split” doesn’t quite cut it. It’s more like a “circuit shatter.”
Child pornography victim entitled to restitution
Published: November 26, 2012
Tags: child pornography, proximate cause, restitution
The government was not required to prove that all of a child pornography victim’s alleged losses were proximately caused by a defendant in order to award restitution, the en banc 5th Circuit has ruled.
Railroad and maritime lawyers see victory in Supremes ruling
By:
Sylvia Hsieh
Published: June 30, 2011
Tags: admiralty law, Federal Employers’ Liability Act, FELA, Jones Act, jury instructions, maritime law, negligence, proximate cause, railroad litigation
Although the case was closer than expected, attorneys who represent railroad workers are applauding the Supreme Court’s ruling last week that applied a relaxed causation standard to injury claims under the Federal Employers’ Liability Act.
Relaxed causation standard for railroad worker suits
Published: June 23, 2011
Tags: Federal Employers’ Liability Act, jury instructions, negligence, proximate cause, railroad litigation
An injured railroad worker suing under the Federal Employers’ Liability Act need only prove that the railroad company’s negligence played a part – no matter how small – in his injury, the Supreme Court has ruled in a 5-4 decision.
Informed consent plaintiff must show proximate cause
Published: April 18, 2011
Tags: informed consent, medical malpractice, proximate cause
A medical malpractice plaintiff could not succeed on a claim based on lack of informed consent because she failed to establish causation under a “reasonable person” standard, the Delaware Supreme Court has ruled in affirming judgment.
Justices consider FELA causation standard
By:
Kimberly Atkins
Published: March 28, 2011
Tags: FELA, proximate cause, proximate cause light, railroad liability, Supreme Court
WASHINGTON – Just how much at fault must an employer be to face liability under the Federal Employers’ Liability Act?
The justices of the U.S. Supreme Court took on that question during oral arguments Monday in CSX Transportation v. McBride.
Expert can testify on abuse victim’s mental injuries
By:
Pat Murphy
Published: March 1, 2011
Tags: expert testimony, proximate cause, sex abuse
An alleged victim of clergy sex abuse should have been allowed to introduce expert testimony on the general cause of his mental injuries, the Delaware Supreme Court has ruled in granting a new trial.
Medical malpractice may be cause of suicide
By:
Pat Murphy
Published: January 28, 2011
Tags: expert witness, medical malpractice, negligence, proximate cause
A wrongful death lawsuit may be based on a claim that a patient’s suicide was caused by post-surgical pain from a negligently performed medical procedure, the Missouri Supreme Court has ruled in reversing a summary judgment.
