News & Analysis as of

Wrongful Death

California Federal Court: “All Sums” Allocation Applies to Meso Case Under CA and NY Law

by White and Williams LLP on

On March 15, 2018, a California federal court (for the Northern District) ruled that under either California or New York law an “all sums” allocation applies to claims for coverage for an underlying mesothelioma wrongful...more

Defence + Indemnity: February 2018 - V. PRACTICE ISSUES

by Field Law on

V. PRACTICE ISSUES - A. Documents generated for an internal investigation of an accident can be protected by litigation privilege if they were created for the dominant purpose of litigation but that does not mean that...more

New Jersey Supreme Court Grants Absolute Immunity to City of Paterson under Tort Claims Act

by Blank Rome LLP on

A Blank Rome appellate team successfully represented the City of Paterson in Hamrick Lee v. Brown, et al., recently obtaining complete relief from seven consolidated wrongful death and personal injury suits, in a New Jersey...more

Jail for OHS Offences? Yes - Even if the OHS Prosecutor Didn’t Ask For it!

by Field Law on

It has long been the law in Alberta that work site parties convicted of offences under the Occupational Health and Safety Act, Regulations or Code could spend time in jail. Until recently, however, this had never happened....more

How Long Does it Take to Settle a Personal Injury Lawsuit?

by The Roth Firm on

Accidents or injuries are something that we want to avoid all the times. But when it happens, and you decide to take appropriate steps in protecting your legal rights, you need to know more about what “personal injury law” is...more

California Supreme Court Clears The Way For Employee Cal/OSHA Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Cal/OSHA regulations are enforced by a state agency in administrative litigation. A new Supreme Court decision, Solus Industrial Innovations, Inc. v. Superior Court, allows employees allegedly suffering...more

Wrongful Death Claims in North Carolina

by Ward and Smith, P.A. on

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

The Importance of Signatures: General Motors’ Unsigned But Fully Negotiated Deal Not Enforceable

by Hogan Lovells on

U.S. Bankruptcy Judge Martin Glenn recently decided that a fully-negotiated agreement would not be enforced in the absence of required signatures. The agreement contemplated a settlement between the General Motors bankruptcy...more

The Complete Guide To Wrongful Death Lawsuits

by The Brown Firm on

The wrongful death claims are usually initiated against a defendant who has allegedly caused a person’s death. Whether the incident was an accident or intentional harm. The wrongful death claims let the family of the deceased...more

Tennessee Father Produces Video for Trump – To Change Dangerous Guardrail Ends

In 1995, I recall being given the opportunity to help Billy Hungerford; who was horrifically and tragically injured as a result of a defective guardrail. Since that time my law firm has handled injuries from defective guard...more

Illinois Police Officer Drug and Alcohol Tests Raise Constitutional Questions

by Holland & Knight LLP on

• Illinois expanded the Police and Community Relations Improvement Act (PCRIA) to add special procedures for officers involved in incidents where their firearm is discharged causing injury or death to an individual. • New...more

Wisconsin Employers Now Subject to Tort Lawsuits for Temporary Workers’ Workplace Injuries

On January 9, 2018, District III of the Wisconsin Court of Appeals held that temporary workers who are injured while working for their host employers have the right to elect either to claim workers’ compensation benefits or...more

Transportation And Workplace Violence Standout In Census Of 2016 Fatal Occupational Injuries

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Bureau of Labor Statistics (BLS) has found a seven percent increase in 2016 fatal injuries reported over those reported in 2015. BLS noted that this was the third consecutive increase in annual...more

Harm caused by temporary car insurance is far from temporary

by Michigan Auto Law on

Temporary car insurance, such as 7 day policies, hurts uninsured drivers in cities like Detroit & Flint – who will face severe consequences after a car accident...more

Pennsylvania Supreme Court Holds Two Year Statute of Limitations Accrues from Date of Death for Both Survival and Wrongful Death...

On November 22, 2017, the Supreme Court of Pennsylvania affirmed a decision in Dubose v. Quinlan, 2017 WL 5616235 (Pa., Nov. 22, 2017), holding that the two-year statute of limitations for medical professional negligence...more

U.S. Fifth Circuit Issues CAFA Opinion in Mass Action Addressing Two Issues of First Impression

by Liskow & Lewis on

In Warren Lester, et al. v. Exxon Mobil Corp., et al., No. 14-31383, ___ F.3d ___ (5th Cir. 1/9/2018), the U.S. Fifth Circuit Court of Appeals issued an opinion addressing two issues of first impression involving the Class...more

Workplace Fatalities Decrease for Health Care Practitioners

Health care was among the occupations that saw the largest declines in fatal work injuries in the most recent year federal data is available, according to the U.S. Bureau of Labor Statistics. It recently released statistics...more

Defence + Indemnity: December 2017: IV. QUANTUM/DAMAGES ISSUES

by Field Law on

IV. QUANTUM/DAMAGES ISSUES - A. Where a plaintiff is held to suffer a negative loss (i.e. has had a “gain”) under one head of damage, that gain is not to be offset or deducted from another head of damage where the...more

Estate Avoids Arbitration In Wrongful Death Maritime Suit Because Defendant Was Not A Signatory Or Party To Contract With...

by Carlton Fields on

The Ninth Circuit refused last month to disturb a district court order denying a defendant’s motion to compel arbitration against a sailor in a maritime action pursuant to the Convention on the Recognition and Enforcement of...more

Pennsylvania Supreme Court Breathes New Life into Survival Actions

by Barley Snyder on

The Pennsylvania Supreme Court gave new life to otherwise time-barred survival action claims in medical malpractice cases in a significant decision last month – even if one justice was blunt in his disagreement with the...more

Roadside Workers at Risk

by Howard Ankin on

U.S. roadside workers are exposed to hazardous workplace conditions that put them at high risk of serious injury and death. Each year, thousands of roadside workers are injured or killed while performing their jobs....more

Are EpiPens Friend or Foe?

7 Deaths Associated With Medical Device - EpiPens exist to save lives or stave off severe allergic reactions to drugs, foods, insect bites and other causes of anaphylaxis. They are pocket-sized cylindrical devices that, in...more

Why Finding Your Physician’s Disciplinary History Is So Hard

by Howard Ankin on

Physicians are not required to inform their patients that they are on probation for unethical conduct or medical errors that result in disciplinary actions. Most databases that contain this important information are either...more

Indiana Supreme Court Finds Negligent Hiring Claims Are Improper When Employers Admit Employee Was Acting Within Scope Of...

by Reminger Co., LPA on

The Indiana Supreme Court overturned a Court of Appeals decision issued earlier this year when, on October 31, 2017, it found that employers cannot be liable for negligent hiring when they admit that their employees were...more

Can Victims of Drunk Driving Accidents Receive Compensation for Their Injuries?

The State of California can hold drunk drivers criminally responsible for the actions, but can victims or their surviving family members be compensated in civil court because of the accident? The answer is a resounding yes....more

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