News & Analysis as of

Summary Judgment Wrongful Death

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Marshall Dennehey

A Deadly Encounter: Court Clarifies Use of Force in Police Shooting of Mentally Ill Individual

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Key Points: Use of Deadly Force: The court upheld the police officers’ use of deadly force, which is relevant for insurance coverage in similar incidents. Municipal Liability: No liability for the defendant as there was no...more

Marshall Dennehey

Statute of Limitations Stands: Pennsylvania Superior Court Affirms Dismissal of Breach of Contract Claim Against Insurance Broker

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The Pennsylvania Superior Court recently affirmed the Philadelphia County Court of Common Pleas’ dismissal of breach of contract claims asserted against an insurance broker in Thuong Erin Wasielewski, Individually and as...more

Goldberg Segalla

Federal District Court Grants Pump Manufacturer’s Motion for Summary Judgment in Asbestos Action

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In this asbestos action, plaintiff Michele Salvemini alleges exposure to asbestos while working as a marine engineer and shipyard mechanical worker on various merchant and U.S. Navy ships from 1974 to 2007. During this...more

Goldberg Segalla

Multiple Motions Granted in Part for Summary Judgment and to Strike Evidence

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United States District Court for the Northern District of California - In this wrongful death action, it is claimed that Decedent William Ankiel Jr. had exposure to asbestos-containing equipment during his service aboard a...more

Pierce Atwood LLP

Interlocutory Appeals – Navigating the Pitfalls

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Generally speaking, under the ‘final judgment rule,’ a party can only appeal a final judgment—a decision that fully decides and disposes of the whole case, leaving no further questions for future consideration. This judicial...more

Goldberg Segalla

Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

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Court:  Court of Appeals of Texas, Fourteenth District, Houston - Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter...more

Goldberg Segalla

Texas Appellate Court Reverses Summary Judgment in Take-Home Exposure Case

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Court: Court of Appeals of Texas, Fourteenth District, Houston - In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc.,...more

Goldberg Segalla

Summary Judgment Affirmed for Trailer Manufacturer

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Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 - In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - October 2020

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Pierce Management, a general contractor, subcontracted with RJK Electric for electrical work on a drive-thru at a Starbucks. Pierce’s project manager was allegedly injured while walking to his car in the parking lot by a...more

Wiley Rein LLP

Insurer Waived Right to Assert Policy Exclusion First Raised in Answer to Declaratory Judgment Complaint

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The U.S. District Court for the Southern District of New York, applying New York law, has concluded that an insurer waived the right to assert a policy exclusion as a coverage defense in a declaratory judgment action after...more

Proskauer - California Employment Law

Hirer Of Independent Contractor Was Not Liable For Death Of Latter’s Employee

Horne v. Ahern Rentals, Inc., 50 Cal. App. 5th 192 (2020) - The surviving heirs of Ruben Dickerson sued Ahern Rentals, a company that leases forklifts and other heavy-duty construction vehicles to its customers....more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Nutter McClennen & Fish LLP

Product Liability 2019 Year in Review

Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Butler Snow LLP

Sports Torts and Courts

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Who has not been injured in a recreational, athletic activity? Who has not accidentally injured someone else in the course of play? We all have … an errant softball throw, a shanked iron, a bouncing horseshoe. We enjoy the...more

Carlton Fields

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

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In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more

Alston & Bird

California Court of Appeal Bars Plaintiffs’ Wrongful Death Action Involving an Employee Who Used his Employer’s...

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The California Court of Appeal for the Second Appellate District affirmed a trial court’s grant of summary judgment in favor of a pipe manufacturer based upon the worker’s compensation exclusivity rule. Melendrez et al. v....more

Haight Brown & Bonesteel LLP

Plaintiff’s Expert Physician Deemed Not Competent to Testify as to the Standard of Care Applicable to Hospitals

In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of...more

Beveridge & Diamond PC

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

Foley Hoag LLP

Product Liability Update - July 2015

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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

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