News & Analysis as of

Wrongful Death Punitive Damages

Robins Kaplan LLP

Landmark $7.75 Million Verdict in Aerosol Duster Misuse Case Secured

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In April 2024, Robins Kaplan attorneys secured a groundbreaking $7.75 million verdict against CRC Industries, Inc., a manufacturer of aerosol dusters. The verdict stemmed from a tragic 2019 incident when Cynthia McDougall was...more

Goldberg Segalla

Motion to Dismiss Damages under Maritime Law Granted in Part

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Jurisdiction: United States District Court for the Central District of California- In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter...more

Searcy Denney Scarola Barnhart & Shipley

Calculating Damages In Florida Wrongful Death Cases

The loss of a family member is one of the most devastating events that anyone can go through. While financial compensation cannot make the pain of loss go away, it can prevent your situation from getting worse due to the...more

Goldberg Segalla

A Review of 2023 Efforts to Broaden Wrongful Death Acts

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Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts.  In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.”...more

Harris Beach PLLC

National Mass Torts: 2023 Year in Review

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Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Harris Beach PLLC

Illinois Legislation Expands Access to Punitive Damages and Expedited Trials

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Recently passed Illinois House Bill 219 and Illinois Senate Bill 1748 expand access to punitive damages and expedited trials, respectively. Illinois House Bill 219 allows for the recovery of punitive damages in all wrongful...more

Goldberg Segalla

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

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Key Takeaways - Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions. Punitive damages are now recoverable in wrongful death claims on...more

Hinshaw & Culbertson - Insights for Insurers

Punitive Damages Are Now Available in Wrongful Death and Survival Claims in Illinois

A new Illinois law that aims to increase jury awards demonstrates that juries are not the only culprits of social inflation. Certainly, juries can render nuclear and thermonuclear verdicts, disregard jury instructions, place...more

Husch Blackwell LLP

Illinois House Bill Imposing Punitive Damages in Wrongful Death Cases Awaits Governor Pritzker’s Action

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On May 18, 2023, the Illinois General Assembly passed House Bill 219 (Bill) which, if signed by Governor Pritzker, would allow punitive damages in wrongful death cases. Illinois law does not currently permit punitive damages...more

Rumberger | Kirk

A Look at Florida’s Recent Supreme Court Decision on Punitive Damages in Wrongful Death Cases

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In a recent 5-1 decision, the Florida Supreme Court struck down a $16 million punitive damages award as excessive. Drawing attention from around the country, the recent opinion confirms that under both federal and state law,...more

Jaburg Wilk

Arizona Supreme Court Clarifies and Heightens Punitive Damages Standard in Negligence Cases

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The Holding - In Swift Trans. Co. of Az., LLC. v. Carman in and for County of Yavapai, — Ariz. —, 515 P.3d 685 (Aug. 23, 2022), a bodily injury and wrongful death case arising from a tractor-trailer accident, the Arizona...more

Troutman Pepper

Massachusetts Supreme Judicial Court Affirms Punitive Damages Award Against Philip Morris USA Inc. In Spite of Master Settlement...

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On Wednesday, the Massachusetts Supreme Judicial Court upheld a jury’s award of $10 million in punitive damages in a wrongful-death case against Philip Morris USA Inc. (“PM USA”), rejecting the tobacco company’s argument that...more

Jackson Lewis P.C.

New Illinois Law Allows Prejudgment Interest On Damages In Certain Lawsuits

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An amendment to the Illinois Code of Civil Procedure provides that for all actions brought to recover damages for personal injury or wrongful death, prejudgment interest of six percent will begin to accrue on the date the...more

Foley Hoag LLP

Supreme Court Issues Important Decision on Retroactive Effect of Amendment to Foreign Sovereign Immunities Act

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A recent Supreme Court decision sets important precedent on the retroactive effect of legislation amending the law governing sovereign immunity in the United States. On May 18, 2020, the Supreme Court handed a victory to...more

Jones Day

U.S. Supreme Court Allows Retroactive Punitive Damages Against the Republic of the Sudan - The Supreme Court allows victims of...

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The Supreme Court in Opati v. Republic of Sudan, No. 17–1268, 590 U.S. ___ (2020), has held that the Foreign Sovereign Immunities Act ("FSIA") allows certain plaintiffs to recover punitive damages from state sponsors of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Opati v. Republic of Sudan

On May 18, 2020, the U.S. Supreme Court decided Opati v. Republic of Sudan, holding that plaintiffs who sue a foreign government under the state-sponsored-terrorism exception to the Foreign Sovereign Immunities Act can seek...more

Dorsey & Whitney LLP

The Supreme Court - May 18, 2020

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Opati v. Republic of Sudan, No. 17-1268: Victims of a 1998 al Qaeda attack outside the United States Embassies in Kenya and Tanzania brought suit in federal court against the Republic of Sudan, alleging that Sudan had...more

Saul Ewing LLP

Bad Faith Sentinel - July 2015

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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

Skadden, Arps, Slate, Meagher & Flom LLP

"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

Snell & Wilmer

Arizona Civil Verdicts 2014

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Courage. Trial lawyers have lots of important traits and skills, and courage is at the top of the list. To be able to speak confidently to the jury who holds your client’s case in its hands, to tell that story in a way that...more

McNees Wallace & Nurick LLC

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

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