Wrongful Death

News & Analysis as of

Attention All Co-Defendants: Make Your Own Objections, Don’t Rely on a Co-Defendant

A recent Pennsylvania case presents the question: can a party rely on its co-defendant’s objections at trial, or must it join in an objection or make its own? In Amato v. Bell & Gossett, 116 A. 3d 607 (Pa. Super 2015),...more

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

Health Alert (Australia) - August 24, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: Victoria 17 August 2015 - Bourke v Coroners Court [2015] VSC...more

Making The California Assumption Of Risk Doctrine Work For You

The doctrine of assumption of risk is a legal defense that may operate to relieve a California owner or occupier of and from liability to third parties who are injured on their premises. One species of the doctrine, primary...more

Former Abu Ghraib Detainees Appeal Political Question Dismissal of Suit Against War-Zone Contractor

Iraqi citizens who claim that they were abused by civilian government contractor employees who helped the US military interrogate detainees at Abu Ghraib prison following the US invasion in 2003 are appealing a federal...more

Health Alert (Australia) - August 17, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgements: New South Wales (NSW) 13 August 2015 - Waller v James [2015] NSWCA 232 The NSW...more

Two superintendents fined for OHSA violations in scissor lift fatality

Two superintendents have been found guilty of offences under Ontario’s Occupational Health and Safety Act and fined $4,000 each after a worker died when a scissor lift was knocked over by a garage door. The accident...more

Bad Faith Sentinel - July 2015

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer Prior to Completing Investigation - Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253...more

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer...

Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253 (8th Cir. June 22, 2015). Court holds it was not bad faith for insurer to pursue investigation into underlying lawsuit before considering settlement...more

DuPont Wins Partial Summary Judgment in Drinking Water MDL

An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more

San Francisco Cannot Sue Federal Agency For Gas Explosion Under APA

Yesterday, the Ninth Circuit issued its Opinion in City & County of San Francisco v. US Department of Transportation, holding the City may not proceed against the Secretary of Transportation and the Pipeline and Hazardous...more

Product Liability Update - July 2015

Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more

Defective seat belt air bag on airplane causes death of worker

Working in and around airplanes can be a dangerous occupation. Some of the most common hazards include head injuries, crushing injuries, serious musculoskeletal damage and exposure to infectious diseases. In a recent case, an...more

Vehicle Passenger May Be Liable for Influencing or Encouraging Driver’s Conduct That Results in Harm to a Third Party

Miriam Navarrete, et al. v. Hayley Meyer - California Court of Appeal, Fourth Appellate District (June 22, 2015) - The California Fourth Appellate District reversed the trial court’s summary judgement in favor of...more

MOL engineer not qualified to give expert evidence: he was too involved in the investigation, too closely identified with...

An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as an expert in a health and safety prosecution. A company was charged under the Occupational Health...more

Beware! Long Term Care Class Actions are Coming

Long term care providers beware, class action suits are coming. Due to allegations of chronic understaffing, long term care providers are beginning to face massive class action lawsuits nationwide. The trend began in 2010,...more

Inapplicability of the "One Year" Limitations Tolling Period of the N.C. Rules of Civil Procedure

In Murphy v. Hinton, No. COA14-1230 (July 7, 2015), the North Carolina Court of Appeals determined that a complaint dismissed voluntarily cannot benefit from the "one-year refiling" period pursuant to Rule 41(a)(1) of the...more

The Elephant in the Room in Alabama

Six months ago, we praised two Alabama federal court decisions for refraining from extending the poorly reasoned decisions in Weeks—that is, Wyeth, Inc. v. Weeks, 2013 WL 135753 (Ala. Jan. 11, 2013) (withdrawn and...more

"Appellate Court Affirms Ruling Allowing Punitive Damages in New York City Asbestos Cases"

In a unanimous ruling decided July 9, 2015, New York's Appellate Division, First Department declined to overrule an April 2014 order by Justice Sherry Klein Heitler, the then-coordinating justice of the New York City Asbestos...more

Wis. Supreme Court Applies the Discovery Rule to Accrual of Wrongful Death Claims

On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more

June Xarelto Update – Science Day

Judge Fallon, the federal judge in New Orleans who oversees the MDL coordinated proceedings, held his most recent hearing for all of the pending Xarelto lawsuits on June 10, 2015. At that time, the judge was provided with a...more

Expert Declaration in Conjunction with Circumstantial Evidence Sufficient to Defeat Summary Judgment in Vehicle Defect Case

In Pavoni v. Chrysler Group, LLC, 2015 No. 13-55761 (“Pavoni”), the Ninth Circuit Court of Appeals held that plaintiffs’ expert declaration in conjunction with circumstantial evidence of the incident were sufficient to raise...more

Emergency Physicians Ostensible Agents of Hospitals?

n Whitlow v. Rideout Memorial Hospital, plaintiffs alleged that the hospital should be held responsible in a wrongful death suit for the actions of an emergency room physician who had failed to diagnose and treat a brain...more

Texas Legislature Passes Two Bills Impacting Personal Injury or Wrongful Death Litigation

Companies at risk of personal injury or wrongful death litigation in Texas should take note of two bills recently passed by the 84th Texas Legislature, HB 1692 and SB 735. HB 1692 HB 1692 is intended to curb the practice...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

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