Topic: ordinarily, the question of proximate cause is one of fact … · Go Syfert
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Topic #619

7 canonical passages across 7 cases, quoted by 44 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Bailey v. Segars.

#Case FlagCanonical passage Citers
1 Bailey v. Segars Anchor
scctapp · 2001
green “ordinarily, the question of proximate cause is one of fact for the jury.” 8
2 Singletary v. South Carolina Department of Education
scctapp · 1994
green “the breach of a duty of due care is ordinarily a question of fact.” 8
3 Anderson v. Aset Corp.
nywd · 2004
green “memorandum of law is not a proper vehicle for rewriting or amending the complaint.” 8
4 Williams v. Spencer
dcd · 2012
green “where the amended complaint does not make a claim, plaintiff cannot add a new claim through an opposition brief.” 8
5 Frazier v. Badger
sc · 2004
green “exual harassment by a government employee is not within the employee's 'scope of employment.” 4
6 Equity in Athletics, Inc. v. Department of Education
vawd · 2007
green “ew legal theories must be added by way of amended pleadings, not by arguments asserted in legal briefs.” 4
7 K.D. ex rel. Duncan v. White Plains School District
nysd · 2013
green “plaintiffs cannot amend their complaint by asserting new . . . theories for the first time in opposition to defendants' motion to dismiss.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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