Section 10.19 Intervening, Superseding Cause

LibraryTort Law 2016

3. (§10.19) Intervening, Superseding Cause

FAR violations are not always intervening, superseding causes, according to the federal district court in Bax Global Inc. v. Federal Express Corp., No. Civ.02-651JRT/FLN, 2004 WL 1447940 (D. Minn. May 26, 2004). Although noting that the specific actions of the terrorists were horrific, the court in In re September 11 Litigation, 280 F. Supp. 2d 279 (S.D.N.Y. 2003) (citing Kush ex rel. Marszalek v. City of Buffalo, 449 N.E.2d 725, 729 (N.Y. 1983)), declined to find...

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