IT PAYS TO HAVE A FLASH BACK TO THE FIRST DAY OF LAW SCHOOL

I actually paid attention to everything.  Day one of torts you learn the standard for liability is not "but for".  It is "but for" plus foreseeability.  So today during settlement discussions in a case I have, the lawyer said "so you are saying but for what my client did you would not have damages."  I said, well yes but because the damages were foreseeable.  Then I said Palsgraf v. LIRR. 

That was it.  It all came together.  We both got a laugh that I remembered Palsgraf and cited it. "

It pays to have flash back memories. 

I think I am two weeks to the check.  The number is still up in the air.  But I am certain we will agree on something.