Wrongful Death

News & Analysis as of

Illinois Supreme Court Appears Skeptical of Wrongful Death Claim Arising From Suicide

Earlier this month, the Illinois Supreme Court heard oral arguments in Turcios v. The DeBruler Company. Turcios poses a simple question: can a plaintiff state a claim for wrongful death arising from a suicide? Our detailed...more

Texas Supreme Court Opinions - 4/24/15 (Part 2)

13-0053, State of Texas v. Clear Channel Outdoor, Inc. - In this condemnation case, the issue was the proper valuation of a billboard site that was condemned as part of the widening of the Katy Freeway in Houston. ...more

Food and Beverage News and Trends

Judge rejects consumer claim concerning evaporated cane juice - On March 12, a US district judge in the Northern District of Illinois dismissed with prejudice a consumer lawsuit against the manufacturer of Healthy Grains...more

Xarelto Litigation Update – Jacksonville Filing

Brenda S. Fulmer, a 21-year veteran of drug and medical device litigation and a partner with Searcy Denney, filed an indivdual lawsuit against the manufacturers of Xarelto in federal court in Jacksonvillle this week. The case...more

Appellate Court Notes

- AC35807 - Llera v. Commissioner of Correction [Not summarized.] - AC36240 - Customers Bank v. Tomonto Industries, LLC Plaintiff bank acquired the assets of a defunct bank from the FDIC, including the $3...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

Judge Protects GM Against Most, But Not All, Ignition Switch Claims

Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on...more

California Court of Appeals Upholds a Minor’s Release of Liability for Equestrian Trainer in Parents’ Wrongful Death Action

Karan Eriksson, et al., v. Kristi Nunnink - California Court of Appeal, Fourth Appellate District (January 27, 2015) - The California Court of Appeals recently held that a minor’s release of liability was...more

Case Update: Families of Factory Workers Awarded Punitive Damages to the Tune of Almost $40 Million

A few weeks ago, we told you about a jury awarding over eight million dollars to the families of two factory workers who were killed by a co-worker in 2010. As it turns out, that award was just the beginning. Last week, a...more

8 biggest medical mistakes patients face today

According to a recent study in the Journal of Patient Safety, between 210,000 and 440,000 people die each year in the U.S. due to preventable medical mistakes in hospitals. If this staggering number is accurate, medical...more

What Illinois workers’ comp benefits are available to families after a fatal accident?

When a worker dies after a job-related accident, the consequences can be tragic and severe for families. Workers’ compensation law offers a range of benefits for the survivors of industrial accidents....more

Illinois Supreme Court Declines to Recognize Self-Critical Analysis Privilege

The self-critical analysis privilege – the notion that organizations should be able to take a candid look at their own procedures and performance without fear of being forced to disclose the results in discovery – has been...more

Court Rules on “Principal and Permanent Residence” Under MC Article 33

In personal injury or death cases, Article 33 of the Montreal Convention provides five jurisdictions in which an action against the airline can be brought: (1) an air carrier’s place of domicile; (2) an air carrier’s...more

Nevada Court Holds Multiple Deaths Resulted From Single Occurrence

In its recent decision in Century Sur. Co. v. Casino W., 2015 U.S. Dist. LEXIS 39482 (D. Nev. Mar. 27, 2015), the United States District Court for the District of Nevada had occasion to consider whether multiple fatalities...more

Texas Supreme Court Argument Preview - 3/15

On Thursday, March 26, 2015, the Supreme Court of Texas will hear argument in three cases. - No. 13-1026, Royston, Rayzor, Vickery & Williams LLP v. Lopez - The Petitioner law firm seeks to enforce an arbitration...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

Xarelto Cases Present Several Common Issues

In July 2011, the Federal Drug Administration (FDA) approved Xarelto, an oral anticoagulant prescribed for prevention of deep vein thrombosis, pulmonary embolism, and strokes in patients with atrial fibrillation. Based on...more

Illinois company’s safety violations contributed to worker’s death

A 21-year-old auto manufacturing operator was crushed to death in 2014 because of safety violations at an Illinois supply plant, according to the U.S. Occupational Safety and Health Administration....more

Jury Awards Families of Murdered Employees Over $8 Million

Recently, a Philadelphia jury awarded over $8 million dollars to the families of two factory workers killed by a co-worker in 2010. Concerns about the employee had been reported in the past, and she was suspended the day she...more

OHSA charges were adequately particularized, court finds: disclosure showed violations Crown intended to prove

A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that the Crown was required to provide further “particulars” of the charges so the employer could defend...more

Bus Driver’s Aneurysm Found Compensable

The South Carolina Court of Appeals issued an opinion on February 18, 2015, wherein it found a bus driver’s death due to an aneurysm compensable and the driver’s common-law wife entitled to benefits. ...more

Oncology Expert’s Opinion Based on Plaintiff’s Family History and Personal Experience Properly Admitted in Wrongful Death Action

In Uriell v. Regents of UC (Filed 1/29/2015, Published 2/20/2015, No. D064098) the California Court of Appeal, Fourth Appellate District, held the testimony of an Oncology expert testifying in a wrongful death action was...more

Western District of Washington: No Bad Faith Where Insurer Refuses to Provide a Defense Where Facts Confirmed Insured’s Actions...

Wargacki v. W. Nat’l Assurance Co., No. C13-5373RBL, 2015 WL 74111 (W.D. Wash. Jan. 6, 2015). The U.S. District Court for the Western District of Washington grants summary judgment to an insurer ruling that the insurer...more

The Latest on Major Defense Verdicts in Arizona

What’s the latest news on Arizona’s civil defense verdicts? Here are some interesting defense verdicts from 2014: - Steak Out Restaurant & Saloon, L.L.C. et al. v. Old Lobos T&T, L.L.C. et al. Steak Out Restaurant...more

Appellate Court Notes

- SC18997 - Ruiz v. Victory Properties, LLC - SC18997 Dissent - Ruiz v. Victory Properties, LLC This is a continuation of an earlier Appellate Court decision I reported on, which held the landlord responsible...more

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