date:Nov 12, 2012
probably not alone.
Some of the decisions are what we call result-oriented, Golden observes. The court is perhaps trying to reach what it deems to be the right result or the equitable result. That is a theory that is posited by lawyers in this area because sometimes it's difficult to reconcile the holdings.
Indeed, Judge Gettleman acknowledged application of the cause theory to a particular factual situation has proved to be difficult, requiring further refinement.
Other Tests Applied
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