Relative causation, the 51% rule, and other state law principles.
Armonk partner Robin Henry recently published an article in the New York Law Journal. The article observes that high stakes litigation is increasingly being brought under state law, rather than under the federal securities laws. Such litigation often raises difficult damages and causation questions and the article explores the significance of three core state law principles - comparative fault, relative causation and imputation - to those claims.
Please download PDF file to read the article.