Photo: VectorMine/Adobe Stock But What About But-For Causation? Challenging Legal Malpractice Claims for Lack of Proximate Cause
In recent decisions, New York courts have shown a consistent willingness to dismiss malpractice claims where a plaintiff impermissibly speculates about the causal link between a lawyer's alleged negligence and the plaintiff's damages.
October 18, 2022 at 10:00 AM
7 minute read
Legal Malpractice
Conventional wisdom dictates that a lawyer being sued for legal malpractice in New York will rarely win a motion to dismiss based on lack of causation. Nevertheless, the case law suggests that a motion challenging a plaintiff's proximate cause allegations can be a powerful tool.
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