Feldman v. Hodgson Russ, LLP

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[factual cause requires plaintiff to demonstrate that defendant’s negligence was as a matter of fact a substantial causative factor in bringing about the [harm] . . . The question can be recast in ‘but-for’ terms without change in meaning or likely result”
• “How far criminal history or other past misbehavior should serve to disqualify a person may turn on the character of a particular intended employment”
• even “[m]oans, groans, and other sounds [associated with pain] have generally been found insufficient to figure as evidence of consciousness”
• in-depth discussion of conventional use of “proximate cause” and possible alternative formulations
• “[T]he defendant is responsible for the harms caused in substantial degree by the negligent act, except any so highly extraordinary that the defendant could not ex ante have reasonably foreseen that the negligent act would bring them about.”

Source: CourtListener parenthetical corpus (CC0).