Negligence Wrongful Death

News & Analysis as of

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

California Court Addresses Products-Completed Operations Hazard

In its recent decision in Atlantic Cas. Ins. Co. v. LTA Distributor, LLC, 2015 U.S. Dist. LEXIS 70462 (S.D. Fla. June 1, 2015), the United States District Court for the Southern District of Florida had occasion to consider...more

Court Reaffirms Preemptive Effect of Statute Protecting Aircraft Lessors

The District Court for the Northern Mariana Islands has reaffirmed the proposition that an aircraft lessor is shielded from liability for injuries to persons on board an accident aircraft when the lessor is not in possession...more

WWE Faces Wrongful Death Suit for Alleged Concealment of Risks Associated with Concussions

Memphis, Tennessee is the most recent arena in which the WWE is defending itself against concussion-related claims brought by former professional wrestlers. On February 18, 2015, the widow of deceased wrestler Nelson Lee...more

NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does...more

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

Hot Cars Cause the Deaths Of 37 Children Each Year With Florida Second In the Nation Of Such Deaths

Hot Cars Cause the Deaths Of 37 Children Each Year With Florida Second In the Nation Of Such Deaths With summer temperatures coming to Bradenton Florida soon, parents and child care givers need to be aware of the danger to...more

Deadly Bus-FedEx Truck Crash Highlights The Need For A Strong Civil Justice System Despite Lobbyists Push For “Tort Reform”

As families of those killed in the crash between a bus and a FedEx truck on April 10th begin to look for justice in this terrible crash, lawyers from all stakeholders take note of the NTSB report. While the families of the...more

Court of Appeal Increases Corporate Fine in Fatal Accident

In December 2009, four workers fell to their deaths while repairing balconies at an apartment complex in north Toronto. The accident was caused by the site supervisor’s negligence (he died in the accident). The construction...more

Supreme Court of Virginia Grants Cert in Respondeat Superior Case

Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a...more

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