On May 20, 2023, the Minnesota legislature amended Minnesota’s Survival of Claims and Wrongful Death statutes. The amendments extend a potential-defendant’s liability by: (1) allowing trustee-plaintiffs to maintain claims on...more
United States District Court for the Middle District of Louisiana, October 31, 2022 - Plaintiffs brought this wrongful death and survival action on behalf of decedent Kirk Reulet, alleging that Mr. Reulet was exposed to...more
Effective January 1, 2022, plaintiffs in survival actions in California will be able to obtain damages for predeath pain, suffering, or disfigurement. This marks a dramatic change in California law that will likely impact the...more
On January 1, 2022, California Code of Civil Procedure (“CCP”)Section 377.30 et seq., as amended by Senate Bill 447, otherwise known as the “survival action” statute1, goes into effect. On that date, all plaintiffs filing new...more
On October 1, 2021, California Governor Gavin Newsom signed California Senate Bill No. 447 into law, which permits a deceased individual’s personal representatives or successors-in-interest to recover damages for the...more
Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more
On December 7, 2017, the Mississippi Supreme Court affirmed a circuit court ruling that a plaintiff’s survival claims were barred by the statute-of-limitations. In Pollan v. Wartak, the Court rejected the plaintiff’s claim...more
In a departure from a string of cases supporting field preemption of state-law aviation product liability claims under certain circumstances by the Federal Aviation Act (FAAct), the Third Circuit recently held that the FAAct...more
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