Topic
But-For Causation
8 published works
Illinois Workers Compensation Law Blog
The “But For” Test When Hurt At Home, Illinois Work Comp Law
By Mike Helfand
If you've ever been hurt, whether on the job in Illinois or not, you know that a serious injury can lead to other issues. For example, if you break your…
Ogletree Deakins Insights
‘But-For’ Causation Under Bostock
The recent Bostock v. Clayton County, Georgia decision, in which the Supreme Court of the United States ruled that an employer that fires an individual for being gay or transgender…
Labor Law Prof Blog
Eggless Cakes, OK Boomer: Highlights from Babb Oral Argument
The Supreme Court heard oral argument today in Babb v. Wilkie. The Court considered whether the federal sector provision of the ADEA requires the plaintiff to establish “but-for” cause. The…
New York Attorney Malpractice Blog
An Older Case, An Up-To-Date Lesson
Analysis of the "but for" portion of the legal malpractice equation is the richest part of the problem. Departures tend to be obvious or patent; how they affect the viability…
New York Attorney Malpractice Blog
When A Mistake Really Makes No Difference in Legal Malpractice
Genesis Merchant Partners, LP v Gilbride, Tusa, Last & Spellane LLC 2015 NY Slip Op 31080(U) June 16, 2015 Supreme Court, New York County Docket Number: 653145/2014…
Texas Employment Lawyer
Fact issues regarding whether leave would be paid or unpaid after plaintiff engaged in protected activity sufficient to show but-for causation for retaliation.
“Drawing reasonable inferences in Plaintiff’s favor, however, Ross’s alleged action, coming on heels of Plaintiff’s complaints of discrimination, and culminating in her termination, is sufficient to raise an issue of…
HR Defense
Employees Asserting Retaliation Must Meet Higher Causation Standard, Supreme Court Rules
By Akerman Law
The explosion of retaliation claims may skid to a halt or at least slow down after the Supreme Court's decision this week holding that plaintiffs making Title VII retaliation claims…
Labor Law Prof Blog
Zimmer on Gross ADEA Case and Employer Strategy
Over on Concurring Opinions, friend of the blog Mike Zimmer (Loyola-Chicago) has an interesting commentary on the recent Gross Supreme Court decision, which deals with the shifting of burdens of…