What is the test for establishing a cause of action against a defendant?

MultiRegion, United States of America

The following excerpt is from Mehra v. Bentz, 529 F.2d 1137 (2nd Cir. 1976):

(A) possibility of causation will not suffice to impress liability upon a defendant. Conjecture is not enough. A cause of action must be something more than a guess. Kalinowski v. Ryerson, 242 A.D. 43, 45 (272 N.Y.S. 759) (4th Dept. 1934), aff'd 270 N.Y. 532 (200 N.E. 304) (1936) (quotation marks and citations omitted).

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