This session will explore legal considerations in a damages analysis related to foreseeability. Foreseeability on first pass may seem like a relatively straightforward analysis, but a further examination of case law and various facts and circumstances demonstrates that a foreseeability analysis can be complex, and may have a dramatic impact on a damages analysis. This session will explore some of these complexities, using case law to help the practitioner better understand how the courts may view foreseeability.
• Obtain an understanding of what foreseeability is, and when it is required in damages analysis
• Learn the various ways courts consider and evaluate objective foreseeability
• Discover the various ways courts consider and evaluate inferred and subjective foreseeability
• Acquire important perspective on when courts may find that a damages analysis does not meet the legal requirement of foreseeability