Wrongful Death

News & Analysis as of

[Webinar] Post-OSHA Citation: Contest Process, Settlement Goals and Strategy - September 7th, 1:00pm EDT

You just received a set of OSHA citations in the mail. What now? Should we accept the citations and pay the penalty? Should we participate in an Informal Settlement Conference with the OSHA Area Office? Should we contest...more

Guest Post – Through the Dictionary, and What One Court Found There: Adventures in the BAAA

It’s August and several your valiant bloggers are on vacation, so the skeleton crew manning the fort is even more grateful for reinforcements than usual. Here is another guest post, this time from Reed Smith‘s Court...more

Risqué Contest Sponsor Sued by Contestant’s Family After Promotion Fatality

This month, contest sponsor PKG Investments LLC d/b/a “Fire & Ice” and others were sued in a Santa Fe, New Mexico County Court by the family of a woman who choked to death during a racy, on-premises corn dog eating contest...more

Health Alert (Australia) August 15, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 11 August 2016 - Health Care Complaints Commission v Sheldrick [2016] NSWCATOD 105 - Ms Sheldrick...more

Who Can Sue for Wrongful Death?

Woodland Hills personal injury lawyer Barry P. Goldberg, on occasion, must meet with families those who have died in car, motorcycle or pedestrian accidents. One of the fundamental questions concerns who has the right to sue...more

Health Alert (Australia) August 1, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria 27 July 2016 - Hamm v South Gippsland SC [2016] VCAT 1253 - South Gippsland Shire Council issued a...more

While your home is your castle where privacy is concerned, not so much for your car: Or what does automotive technology, privacy...

For a number of years, auto manufacturers have been quietly installing something akin to black boxes in passenger cars. Originally, these devices were solely for airbag deployment, but today, these boxes or SDM’s (Sensing...more

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

Medical Malpractice and Healthcare Quarterly - Summer 2016

AFFIDAVIT OF MERIT NOT REQUIRED AS TO CLAIMS AGAINST DENTISTS - Limiting the scope of the affidavit of merit statute, the Superior Court recently held that an affidavit of merit was not required where a plaintiff filed a...more

Superior Court Dismisses Wrongful Death Claims Against Maricopa County Based On Plaintiff’s Untimely Notice Of Claim

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Jennifer Anderson recently obtained dismissal of a portion of a wrongful death lawsuit filed against Maricopa County. On January 22, 2014,...more

Supreme Court of Missouri Holds Patient’s Family Could Not Sue Physician for Wrongful Death, but Patient’s Personal Representative...

The Supreme Court of Missouri, en banc, vacated a trial court’s grant of summary judgment in favor of a physician and remanded the case, because the allegations in the petition stated a cause of action for medical negligence...more

Products Liability: Appellate Victory of Children's Products Manufacturer Shows the Importance of Understanding State Products...

On July 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed a jury verdict in favor of Dorel Juvenile Group, Inc. ("Dorel") in a case involving claims that a defective doorknob cover manufactured by...more

Health Alert (Australia) July 18, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia 13 July 2016 - Inquest into the death of Geoffrey Scott Noakes Mr Noakes was a 43 year old with a...more

Scrap Processor Sentenced on OSHA Criminal Violation Causing Death of Employee

Seyfarth Synopsis: Companies cannot go to prison, but their executives and managers can when they violate the OSHA laws. And, companies can face stiff fines and other business-disrupting (or ending) collateral consequences...more

Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint...more

How Regulations Protect Workers when Handling Explosives

There are over 650,000 chemicals in use within the United States. These chemicals are used to make everything from plastics and furniture, to bedding and food. These chemicals and the production processes they are used in are...more

Court throws out MOL evidence due to late disclosure, notice in OHSA prosecution

An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour’s late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court....more

Xarelto Litigation – July Update

Searcy Denney has continued its commitment to seeking justice on behalf of victims of Xarelto (rivaroxaban) with the filing of a number of additional individual lawsuits on behalf of injured patients over the past few weeks....more

Health Alert (Australia) July 4, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 24 June 2016 - Inquest into the death of Graeme John Jennings - On 17 April 2012, Mr Jennings was involved...more

Walt Disney World — Tragic Loss Should Have Been Avoided

Opened on October 1, 1971, Walt Disney World is the most visited vacation resort in the world. Reports estimate that over 52 million people visit Walt Disney World annually. For me, growing up in West Palm Beach,...more

Takata Airbag Recall Balloons — 7 Automakers Join List

NHTSA Calls Controversy ‘Largest and Most Complex Safety Recall in U.S. History’ - The consumer-safety threat posed by defective airbags in millions of vehicles worldwide has escalated again....more

Health Alert (Australia) June 27, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 21 June 2016 - Inquest into the death of Summer Emerald Rose Jamsek Summer Jamsek was born at...more

Health Alert (Australia) June 20, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 17 June 2016 - Mace v Justice and Forensic Health Network; The Geo Group Australia Pty Ltd v AAI...more

You Should Know - June 2016

Has Legalizing Pot Caused More Road Accidents, Injuries or Deaths? Elizabeth Kemble, a widely admired advocate for kidney health in Oregon, was out for a walk following her third kidney transplant when she was killed by...more

Skateboarding Moves Further under the Primary Assumption of the Risk Umbrella

The California Court of Appeal for the Third Appellate District recently upheld a trial court's motion for summary judgment ruling in favor of Sierra Star Community Association ("HOA") and Mammoth Community Water District...more

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