Friday, January 02, 2004
My 4th Department hot streak continues. To be sure, this was one that we thought we should be winning all along, but it's nice to see that the Appellate Division saw it that way, too. Causation arguments are tough, I think-- they lie right on the line between fact and law, and it takes a certain terpsichorean skill to make a court see it your way. I've read Palsgraf a hundred times, and the PJI Causation charge thousands, and it still makes no concrete sense to me-- you could flip a coin and get the same result on the close ones.
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