News & Analysis as of

Wrongful Death Negligence

Imagination-in-Pleading Award

by Faegre Baker Daniels on

The Imagination-in-Pleading Award for September goes to plaintiff Willie Pearl Smith for her lawsuit against the Hospital Authority of Cobb County, Georgia, and related entities in connection with the death of her daughter,...more

Protecting Vulnerable Adults While Protecting Their Physicians – A Proposed Statutory Amendment

by Snell & Wilmer on

The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act. This decision therefore...more

Professional Services Exclusion Bars Coverage Where Ordinary Negligence is Inseparably Intertwined With Professional Service

In Energy Ins. Mutual Ltd. v. Ace American Ins. Co. (No. A140656, filed 7/11/17, ord. Pub. 8/10/17), a California appeals court found that a professional services exclusion barred coverage for wrongful death and other claims...more

Is Negligence Enough for Bad Faith? The Eleventh Circuit Rejects an Invitation to Let the Georgia Supreme Court Decide

In a two-paragraph opinion following oral argument, the Eleventh Circuit Court of Appeals affirmed a District Court’s judgment that Nationwide was liable for either negligent or bad faith failure to settle a claim. The trial...more

Objective Foreseeability:  Indiana Continues to Broaden the Foreseeability Analysis in Premises Liability Cases

by Reminger Co., LPA on

In its June 19, 2017 opinion in Daviess-Martin Cty. Joint Parks & Rec. Dep’t v. Estate of Abel, 2017 Ind. App. LEXIS 260, the Indiana Court of Appeals paved the way for Indiana trial courts to expand their analysis regarding...more

PERS Company Prevails at Trial of Wrongful Death Suit

by Hinshaw & Culbertson LLP on

A recent case involving a PERS (Personal Emergency Response System) was decided in the Appellate Court of Connecticut, Theodore v. Lifeline Sys. Co., 173 Conn. App. 291, 2017 Conn. App. LEXIS 211 (Conn. App. Ct. May 23,...more

Xarelto Litigation – Bellwether Update

Searcy Denney Mass Tort Unit attorneys Brenda Fulmer and Cal Warriner have filed three more lawsuits on behalf of Florida and North Carolina residents who suffered bleeding in their brains and GI tracts following use of...more

Product Liability Update: April 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

by Lewitt Hackman on

With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

Is compliance with industry standards enough to establish due diligence? Alberta Court of Appeal set to consider this issue

by Dentons on

We recently wrote about the decision in R. v. Precision Drilling Canada Ltd., where the Appeal Judge set aside the trial verdicts and ordered a new trial in a workplace fatality case. The Crown sought leave to appeal that...more

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

by Carlton Fields on

It feels like a black swan event: last month, in GEICO Gen. Ins. Co. v. Harvey, No. 4D15-2724 (Fla. Ct. App. Jan. 4, 2017), a Florida appellate panel unanimously overturned a jury verdict, on the ground that the plaintiff’s...more

Physician Liability for Death of Nonviable Fetus

by Faegre Baker Daniels on

If an obstetrician’s negligence causes the miscarriage of a nonviable fetus—i.e., one that couldn’t live outside the womb–does the patient have a cause of action for wrongful death? In Alabama the answer is yes, according to...more

Medication Errors in Nursing Homes Harm Thousands Every Year

When we send our elders to an assisted living facility or nursing home, we expect them to be treated with dignity and given the proper medical oversight to live happy, comfortable lives. Unfortunately, nursing homes cause...more

Indiana Court of Appeals Allows Negligent Hiring Claim Despite Admission that Employee Acted Within Scope of Employment

by Reminger Co., LPA on

The Indiana Court of Appeals recently determined that a negligent hiring claim against Pizza Hut can continue to move through the trial court after finding that the trial court erred when it granted summary judgment in favor...more

Longshoreman’s Negligence Claim Against a Vessel Limited to § 905(b)

In Seaboard Spirit LTD, et al. v. Antwon Hyman, et al., No. 15-12953, an unpublished opinion issued by the Eleventh Circuit on December 5, 2016, the Court of Appeals reversed a District Court’s opinion that had expanded a...more

Virginia Supreme Court Considers Evidence Necessary to Get Gross Negligence Case to a Jury

by Sands Anderson PC on

Recently, the Virginia Supreme Court issued an opinion in the case of Elliott, Administrator of the Estate of Smith v. Carter. The opinion was authored by Justice Goodwyn and flowed from an appeal of a case that was...more

Eighth Circuit Opinions Highlight Need to Apply Appellate Lens at Trial Court

by Robins Kaplan LLP on

We often quip that the best way to establish a winning record as an appellate lawyer is to represent the party that won below; that’s no joke. In nearly every appellate court— state or federal— appellants have an uphill...more

Santorii v. MartinezRusso

Arizona’s real estate statutes do not create an employer-employee relationship between brokers and agents, nor do they impose a non-delegable duty on the broker to supervise an agent’s driving. Real estate agent was ...more

Health Alert (Australia) August 1, 2016

by DLA Piper on

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

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

by Stinson Leonard Street on

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 4, 2016

by DLA Piper on

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

Health Alert (Australia) May 23, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia - 19 May 2016 - Inquest into the deaths of Robert Campbell and Jeremy Todd...more

Health Alert (Australia) - May 2, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Inquest into the death of Chris Pravin Prasad Mr Prasad was a 51-year-old involuntary inpatient at a psychiatric...more

Torts – Negligence Per Se and Causation/CCP 998 Offers

by Low, Ball & Lynch on

Anthony Toste v. CalPortland Construction et al. - Court of Appeal, Second Appellate District (March 2, 2016) - In many tort actions, plaintiff will argue that the defendant violated some statute or ordinance and...more

Health Alert (Australia) - March 14, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 10 March 2016 - Jener Daluz v John McMahon [2016] NSWSC 2021 - The second defendant, South...more

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