Wrongful Death

News & Analysis as of

Plaintiffs’ Experts Out in Dietary Supplement Death Case

Recently, some of the more footloose of the Drug and Device Law Relatives auditioned for the game show Family Feud. The first step was a mock “round” of the game, played against another auditioning family. All were...more

Health Alert (Australia) - February 8, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgments: South Australia 28 January 2016 - Inquest into the death of Ebony Simone Napier The South Australian Coroner has...more

Criminal negligence causing death charge against auto mechanic reinstated by appeal court

A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a “significant...more

Diagnosing the Causes of Medical Malpractice

A patient visits their physician in a time of great need. Whether for treating a back injury, or removing a cancerous tumor, a patient must be able to trust their physician with their health. In some cases, their very lives...more

Berkeley Balcony Collapse Leads To Calls For More Scrutiny of The Construction Industry

On June 16, 2015 six students died and seven others were seriously injured when the balcony on which they were standing collapsed. The group was celebrating a 21st birthday party at an apartment located in the “Library...more

Criminal negligence conviction for landlord who disregarded Fire Code violations, deceived fire inspector

An appeal court has upheld the conviction of a landlord for criminal negligence causing death after numerous Fire Code violations led to a tenant’s death.  The case demonstrates that violations of duties under provincial...more

Texas Court’s Writ of Mandamus Relieves Discovery Pressures on Tire Manufacturer

A court in Harris County, Texas provided relief to Michelin North America Inc. in a case involving allegedly defective tires when it threatened to issue a writ of mandamus in favor of the tire manufacturer. The Texas...more

The Defense Base Act’s Exclusive Workers Compensation Scheme for Overseas

Understanding the preemptive role of the Defense Base Act (‘‘DBA’’) is crucial for any federal government contractor performing overseas work for the U.S. military or federal departments or agencies. The DBA creates an...more

Hit and Run Bike Accidents on the Rise

Hit and run accidents are frightening auto accidents that require the assistance of an experienced accident attorney in order for a victim to recover maximum financial damages. While hit-and-run car accidents involving...more

OHSA charges dismissed against tourist resort in boating fatality

An Ontario court has dismissed two charges under the Occupational Health and Safety Act against a tourist resort after the Ministry of Labour failed to prove its case. The charges followed an incident in 2012 in which...more

Xarelto — National Drug Litigation

November has proven to be a very busy month for Searcy Denney and its Xarelto clients, with the firm filing several new individual lawsuits on behalf of its clients besides participating in the national discovery efforts. ...more

Illinois Supreme Court Decision Bars Employee from Bringing a Direct Civil Action against Employer for Alleged Asbestos Exposure...

In Folta v. Ferro Engineering, Ill.S.Ct. Docket No. 118070, Nov. 4, 2015, the Illinois Supreme Court reversed an Illinois Appellate Court decision and held that a personal injury and subsequent wrongful death suit brought on...more

Appellate Court Notes

SC19309 - Staton v. Commissioner of Correction - SC19195 - Campos v. Coleman - SC19195 Dissent - Campos v. Coleman - In a 4-3 split decision the Court insured that the cost of living will be going up in...more

High School Football Players Dying on the Field

If your child is a high school athlete, how much attention do you need to pay to the risks of serious and fatal sports-related injuries? A recent article in Reuters reported on the death of a New Jersey high school football...more

The Importance of the Nursing Home Care Act

To counter the increasing number of nursing home neglect and elder abuse crimes, the Illinois General Assembly passed the Nursing Home Care Act in 2010. Since then, the legislation has been amended and cited numerous times in...more

Add Insult to Injury: TOTE Maritime’s Lawsuit Decision after El Faro Sinking

On September 29 of this year, many residents living along the East Coast of the United States and throughout the Caribbean were preparing for the potential impact of Hurricane Joaquin. In Jacksonville, Florida, final...more

Your MSA is in Place – Now What?

Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party’s employees? This post is for you. Salas v. Allen Keller...more

Health Alert (Australia) - November 2, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory 29 October 2015 - In the matter of ER (Mental Health and Guardianship and...more

Experts Alone Cannot Save You - Australia Labour, Employment Workplace Safety Alert

A recent decision by the NSW Industrial Court (Court) is a further reminder that businesses can't hide behind appointed experts or delegate their safety obligations and responsibilities to others. It is also a reminder that...more

Hypnotic Suggestion: North Port High School and the Complicity of Indifference

Concluding what must be one of the oddest public school disputes in recent memory, the Sarasota County Board of Education in Florida has agreed to resolve a lawsuit brought by three sets of parents, each of whom claimed that...more

Product Liability Update - October 2015

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

The Contours of a Franchisor’s Vicarious Liability

In a ruling that reflects a clear understanding of the distinction between the roles of the franchisor and franchisee, the Appeals Court of Massachusetts recently held that Domino’s was not vicariously liable for the acts of...more

Health Alert (Australia) - October 26, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Queensland 22 September 2015 - Metro South Hospital and Health Service & Leighton v Luthje [2015] QCATA...more

Witnesses in Arbitration – California Arbitration Act (Part I)

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

Supreme Court of Missouri Upholds Health Care Affidavit Statute for Medical Malpractice Claims

Lang v. Goldsworthy, 2015 WL 5936587 (Mo.banc. October 13, 2015) The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a wrongful death action premised on medical malpractice because the...more

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