Texas House Passes Pandemic Liability Protection Act
More Emerging Litigation Claims and Demands from COVID-19
Jurisdiction: United States District Court for the Middle District of Louisiana - Plaintiffs Claudette Washington Skidmore and Courtney Skidmore Williams brought claims against several defendants after the death of their...more
Josh Klinghoffer, a former Red Hot Chili Peppers guitarist and current touring member of Pearl Jam, has been sued for negligence and wrongful death. The lawsuit alleges Klinghoffer fatally struck a man while he was walking in...more
On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. Also known as the “Civil Remedies” or “Tort Reform” law, HB 837 has changed civil litigation in Florida, including providing a uniform standard...more
In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26...more
In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more
The California Wrongful Death statute creates a legal claim when someone dies at the hands of a negligent, reckless, or intentional tort or a dangerous or defective product. Such incidents include...more
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
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
North Carolina car accident rates are above average compared to the previous five years, with more than 273,000 accidents occurring in 2022. These accidents resulted in 110,544 injuries; many of which were passenger injuries....more
On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged....more
The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed...more
The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more
Start with the obvious fundamental difference between a wrongful death mediation session and any other: the subject of the mediation itself is absent and will never return. That difference, in my experience, dictates a...more
Motorcycle accidents can result in injuries that are more severe than those which stem from car wrecks. This is due to the fact that a rider is no match for an oncoming car. Such incidents may result in paralysis, head...more
When you enter a property, the property owner owes you a legal duty of care to protect you from dangerous and unsafe conditions. If you are injured in an attack while you are on the property which could have been prevented by...more
On August 9, 2023, in Preston v. The Estate of Romanoff, No. 4D23-282 (Fla. 4th DCA August 9, 2023), Florida’s Fourth District Court of Appeal granted a petition for writ of certiorari and quashed the trial court’s order...more
The New York legislature is attempting to monetize the incalculable—emotional pain and suffering from losing a loved one. Referred to as the Grieving Families Act Assembly Bill A6698 (Grieving Family Act or the bill) passed...more
In reversing nearly $700,000 in post-judgment interest, the Missouri Court of Appeals for the Western District clarified that post-judgment interest can be recovered only after the trial court enters a final judgment....more
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
A more than $15 million award for noneconomic damages in a wrongful death suit prompted the Texas Supreme Court’s recent plurality opinion in Gregory v. Chohan, __ S.W.3d __, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023)....more
The Texas Supreme Court recently discussed the standard for recovering and reviewing noneconomic damages in a wrongful-death case. Gregory v. Chohan, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023). The court of appeals...more
On May 20, 2023, the amendments to the Minnesota wrongful death and survival statutes, Minn. Stat. §§ 573.01, 573.02, became effective. This means that duly appointed administrators can now bring claims for “all damages...more
On May 2, 2023, a revised version of the Grieving Families Act (the Act) was introduced to the New York State legislature. The original version of the Act was passed by both the New York State Senate and Assembly in 2022 but...more
On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more
In our last newsletter, we reported on the potential pitfalls associated with the anticipated passage of New York Senate Bill S74A, also known as the “Grieving Families Act.” Our prior article pointed out the problematic...more