Sentences with phrase «substantial factor»

The Principal Is Key Although professional development and teacher preparation are substantial factors in improving instruction, the report shows that principals in fact have a major impact on teaching.

What substantial factors contributed to the cause of the incident and could they have been avoided or prevented?

The defendant's negligence was a significant and substantial factor in the harm suffered by the plaintiff.

Seminar for Philadelphia Trial Lawyers Association on Substantial Factor Read More

For the GHQ - 12, substantial factor variation between centres was found.

Take advantage of that market inefficiency by making demeanour a real and substantial factor in recruitment and retention.

The Ninth Circuit took a similar approach in Berson v. Applied Signal Technology, Inc., and ultimately fashioned a standard for loss causation in Nuveen v. City of Alameda when it held that a plaintiff can establish loss causation «by showing that the defendant misrepresented or omitted the very facts that were a substantial factor in causing the plaintiff's economic loss.»

Stanford's Edward Haertel takes the objection for using VAMs for personnel decisions one step further: «Teacher VAM scores should emphatically not be included as a substantial factor with a fixed weight in consequential teacher personnel decisions.

Given the findings of our report on the Smarter Balanced tests, it is our firm belief that an examination of the results from Smarter Balanced would mirror the findings on PARCC: A substantial factor in the failure of many students on the Smarter Balanced tests in 2015 was poor test design and implementation.

The conversion of a water molecule to a water vapour molecule involves a huge energy transfer from water to air so evaporation alone is a substantial factor.

«In Texas, curtailment was a substantial factor but it was below what we saw in the previous year.»

In a trucking accident lawsuit, this means that if a truck driver violates a law designed to protect driver safety and the violation was a substantial factor in causing the driver's injuries, then the driver will win his or her negligence claim unless the truck driver's violation was necessary or excused.

When a company like Tesla puts an inherently dangerous product out on the market, and that product is a substantial factor in someone's injury, the company can be held financially responsible.

By way of jury verdict, Mr. Rodriquez was awarded $ 3.8 million dollars finding Mr. Parada's negligence was the substantial factor causing harm.

For all the reasons stated above, I conclude that the petitioners have failed completely to demonstrate that it is «more probable than not» that the MMR vaccination can be a substantial factor in contributing to the causation of autism, in individuals suffering from regressive autism or any other type of autism.

If the victim would have been harmed anyway, regardless of the driver's negligence, the driver's conduct will not be considered a substantial factor.

However, the driver's negligence must still be a substantial factor in causing that harm.

Specifically, the driver's negligence must have been a substantial factor in causing the victim's harm.

The United States has had something called a «substantial factor» test — US tort law's equivalent to our Athey material contribution to injury test — for about 100 years.

When the statute says it is impermissible to fire an employee who has been a debtor «solely because» he has filed for bankruptcy and the employee's argument is that the statute should not be read literally, but should be read like Title VII, to require that it only be a substantial factor, guess who is going to win?

Amongst other reasons for that result was the realization that, in some cases, juries (and arguably even judges in non jury trials) were using a «substantial factor» analysis to find that negligence which was a but - for cause (whatever but - for means) was not a factual cause.

Trying to Make Sense Out of Model Jury Charge (Civil), 5.50 E, and «But For» and «Substantial Factor» Causation Issues after Koseoglu v. Wry, McLean v. Liberty Health, and Flood v. Aluri - Vallabhaneni, presented in Medical Malpractice Update, Institute for Continuing Legal Education, November 2, 2013.

In some jurisdictions in the U.S. — I don't know if NJ is one — the question would be whether C's conduct was a «substantial factor» in the circumstances producing the collision.

It was contended that the decedent was exposed to various asbestos containing products, including asbestos containing caulk manufactured by DAP, which were a substantial factor in the cause of the decedent's disease.

This substantial factor standard requires the trier of fact to consider the manner, proximity, and frequency of exposure.

Thus, where a plaintiff suffers a single injury as a result of the tortious acts of multiple defendants, the burden of proof is upon the plaintiff to demonstrate that the conduct of each defendant was a substantial factor in the harm.

Causation requires that the plaintiff prove that the defendant's conduct was the direct cause of or a substantial factor in bringing about the harm to the victim.

On December 5, 2012, the Wisconsin Court of Appeals affirmed a jury's finding that a physician's failure to obtain informed consent (regarding a breast tissue biopsy) was not a substantial factor in causing injury to the plaintiff and a jury's finding that the...

When this defect is a substantial factor in causing you harm, you may be entitled to compensation.

The defendant's conduct must have been a «substantial factor» in the cause of the brain injury, and even when this is proven, the defendant will argue the extent of the resulting injury because the responsible party will want to pay as little in damages as possible.

After a trial lasting more than two months, the jury took one day to reach a verdict which included a finding that the Defendants were negligent in the design of the Pinnacle Ultamet which was a substantial factor in causing harm to the Defendants.

(1) whether a court should use a «but for» or «substantial factor» standard of causation in loss of chance cases; and (2) whether evidence relating to a contributory negligence defense should be excluded based on the plaintiff's failure to follow his doctor's instructions.

Instead, you must only prove that the defect in the product was a substantial factor in causing you harm.

Substantial Factor — Say It Ain't So.

After obtaining a jury's favorable answer to whether plaintiff's physical condition was a substantial motivating reason for his termination, the jurors found against plaintiff on whether the conduct was a substantial factor in causing harm to plaintiff.

They must, Hanke said, «effectively deal with the flawed «one fiber will kill» and «each and every exposure» causal theories and, most importantly, apply all of the scientifically reliable information concerning mesothelioma risk and asbestos exposure to determine if asbestos is a substantial factor in the cause of the disease for a claimant.»

The number of people who depend on you and the length of time they'll need your financial support is a substantial factor in deciding how many years of life insurance you'll need.

Thus, in addition to its role in promoting teen pregnancy and the current epidemic of STDs, early sexual activity is a substantial factor in undermining the emotional well - being of American teenagers.

Research points to opportunity as a substantial factor in affairs that begin at work.

The court remanded the case to the lower court to decide whether the Owners had met their duty of care to Sharon P., and if not, whether their breach of that duty was a substantial factor in her injuries.

HUD then also partners with NOAA and utilities to estimate how much utilities cost and whether weather is a substantial factor in those calculations.