· 3/24/2011
BCS Services, Inc. v. HEARTWOOD 88, LLC
Citations
- 637 F.3d 750
- 2011 U.S. App. LEXIS 6003
- 2011 WL 1045853
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stressing that a “plaintiff doesn’t have to prove a series of negatives,” adding that “he doesn’t have to offer evidence which positively excludes every other possible cause”
- discussing that the only intervening “cause and effect” ’ was “straightforward” and predictable and as á result did hot “weaken the inference” of causation
- reversing dismissal at summary judgment and remanding for trial on question of damages where plaintiffs’ evidence established that defendants’ actions were proximate cause of injury
- “[T]he burden of proving an ‘intervening cause’—something which snaps the ‘causal chain’ (that is, operates as a ‘superseding cause,’ wiping out the defendant's liability
- “The causal relation between a defendant’s act and a plaintiffs injury, like that required to establish standing under Article III of the Constitution, need only be probable.”
- almost 85 percent of the winning bids
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Posner, Manion
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.