Wrongful Death

News & Analysis as of

Health and safety sentences: update on the sentencing guidelines one year on

Employers have a general duty to ensure the safety of their employees under section 2 of the Health and Safety at Work Act 1974. On 1 February 2016, the new sentencing guidelines for health and safety offences came into...more

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

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

What is a hard fought battle for clients? — Legal Warriors

Someone asked what was one of the most challenging cases I have worked on as a drug and medical device litigator for the past 23 years. It was the Vioxx litigation....more

Florida Appellate Court Rejects Jury’s Bad Faith Verdict

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

Defence & Indemnity - December 2016: I. INSURANCE ISSUES A.

A. An insured killed by a thief driving the insured’s vehicle is entitled to coverage under his S.P.F. 44 Endorsement, notwithstanding that one part of the definition of “inadequately insured motorist” purports to exclude...more

Physician Liability for Death of Nonviable Fetus

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

Supreme Court Update: White V. Pauly (16-67)

Greetings, Court Fans! And Happy New Year! Yes, most of us kicked off 2017 over a week ago, but The Eight reassembled for the new (calendar) year yesterday, and rang it in with a summary reversal. We'll cover that...more

Tragedy at Construction Project Leads to New Safety Rules and Regulations in Boston

The city of Boston will soon require all companies and individuals planning to perform construction work in the city to provide their safety records prior to obtaining a permit. The new ordinance arose out of a tragedy that...more

Medical Malpractice and Healthcare Quarterly - Winter 2016

Delaware Superior Court Clarifies “Wrong Body Part” Exception to Affidavit of Merit - The Delaware Superior Court recently dismissed a plaintiff’s claim against a physician and clarified the meaning of one of the...more

Owner’s Indemnity Claim for Wrongful Death Barred by Contractor’s Statute of Repose

A United States district court in Alabama recently dismissed an owner’s claim for indemnity against a contractor based on Alabama’s statute of repose. The indemnity claim arose out of a 2014 accident on an escalator built in...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

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

Three Point Shot - December 2016

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Trial judge’s misapprehension of the evidence results in new trial for workplace fatality

We previously posted about the trial decision in R. v. Precision Drilling Ltd., 2015 ABPC 115 (CanLII), where the court found the employer guilty of two charges arising from a workplace fatality at a drilling rig. The...more

Unlike Friendships, Policy Exclusions Are Not Severable In West Virginia

A homeowners insurance policy often covers every member of a family, and many policies state that the insurance applies separately to each insured. The same policies usually exclude coverage for intentional acts. But what...more

What Can A Company Expect After Losing A Major Personal Injury Case At Trial? Getting Sued Again For The Same Injury, To The Same...

For a company doing business in Maryland, navigating the landscape of survival and wrongful death claims can be succinctly summed up by the “Relationship Status” often seen on the profiles of Facebook users: “It’s...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

Can a Football Helmet Manufacturer Be Responsible for High School Football Player’s Tragic Death?

A Chicago mother who tragically lost her son following a football-related injury recently filed suit against the city school board and the helmet manufacturer, alleging both parties failed to take reasonable steps to ensure...more

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

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

Health Alert (Australia) November 28 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 23 November 2016 - Tolley v Secretary, NSW Ministry of Health in respect of Northern NSW Local...more

Takeaways from the Admiralty Law Institute-Maritime Law Association 50-Year Reunion

Last week, 425 admiralty and maritime lawyers, law professors, U.S. Coast Guard officers, law students, and maritime industry professionals descended on New Orleans for the Golden Rules: Tulane Admiralty Law Institute and...more

South Dakota high court won’t force hospitals to disclose why they let a bad doctor operate on patients’ spines

South Dakotans will need their state lawmakers’ help now to pry open physicians’ iron grip on secret decisions about which doctors get to practice in hospitals and why. That’s because the state’s Supreme Court ruled this...more

SCOTUS Accepts Review of Kentucky Nursing Home Arbitration Case

On October 28, the Supreme Court granted a cert petition in a case in which the Kentucky Supreme Court refused to enforce arbitration agreements in nursing home agreements.  (Kentucky recently topped my list of states hostile...more

Do Senior Drivers Cause More Accidents?

Recently, a Chinese tourist was struck and killed in a pedestrian accident near the beach. The driver was an 85-year-old man who veered off the road and hit the man who was walking on the sidewalk. The car landed on its roof...more

Illinois Plaintiffs May Have More Time to File Medical Malpractice Wrongful Death Cases

Summary of the Decision - The Illinois Supreme Court recently entered a decision captioned Moon v. Rhode that holds the more liberal discovery rule applies to trigger the time to file medical malpractice wrongful death...more

271 Results
|
View per page
Page: of 11
Cybersecurity

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×