News & Analysis as of

Wrongful Death

Searcy Denney Scarola Barnhart & Shipley

The Role of Toxicology in Florida Accident Investigations: What Happens If Drugs or Alcohol Are Suspected?

Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. In Florida, where bustling roads, recreational boating, and tourism create dynamic environments, the role of...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

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On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Weber Gallagher Simpson Stapleton Fires &...

New York Governor Hochul Vetoes Grieving Families Act a Third Time

New York Governor Kathy Hochul has recently vetoed Senate Bill S8485B, commonly known as the “Grieving Families Act”, for the third straight year.  The Act continues to seek the expansion of compensable damages in wrongful...more

Segal McCambridge

New York’s Grieving Families Act: Vetoed Again, but What’s Next?

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Just before the holidays, Governor Hochul vetoed the third iteration of New York’s controversial Grieving Families Act. The legislation aimed to overhaul New York’s wrongful death laws but has faced significant opposition....more

Goldberg Segalla

Gov. Hochul Vetoes Bill Aimed at Expanding Potential Compensation in Wrongful Death Claims

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For the third straight year, New York Governor Kathy Hochul vetoed the “Grieving Families Act,” which would have updated New York’s wrongful death law for the first time in over 175 years....more

Goldberg Segalla

Plaintiffs Succeed in Motion to Remand Case to State Court

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Jurisdiction: United States District Court for the Central District of California - Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a...more

Kerr Russell

New Michigan Legislation Aims to Unravel Medical Liability Reform

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Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more

White and Williams LLP

No Delay Damages Without Reciting the Notice-To-Defend Magic Spell

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Pennsylvania law allows verdict winners in cases involving property damage, bodily injury, or death to request delay damages from the liable defendants. Delay damages are awarded for the period starting one year after initial...more

Goldberg Segalla

Jury Verdict Reversed and Remanded on Appeal in California

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Court: Court of Appeal of California, First Appellate District, Division Two -   Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more

Maison Law

Filing a Wrongful Death Lawsuit in California

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If a loved one has been the victim of a wrongful death, you may be able to file a wrongful death lawsuit. A related option is a successful negotiation that results in no wrongful death lawsuit needing to be filed....more

Segal McCambridge

TikTok, The “Blackout Challenge”, and the New Limits on Section 230 Immunity

Segal McCambridge on

In a recent landmark decision, the U.S. Court of Appeals for the Third Circuit ruled that TikTok could be held liable in a wrongful death suit stemming from the “Blackout Challenge” — a disturbing trend promoted through the...more

Benesch

Trailer Manufacturing, Leasing, Interchange Liability

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The trucking industry recently received 450 million reasons to pay closer attention to best practices for trailer safety and the business relationships involving trailer use. On September 5, 2024, plaintiffs suing trailer...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Expert Witnesses in Wrongful Death Litigation in Florida

When you need to seek justice for a loved one’s tragic and untimely death, it is important to have a team of experienced professionals on your side. This includes not only a wrongful death attorney in Florida but also experts...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim Against a Corporation in Florida: Legal Considerations

If you’ve lost a loved one too soon and a corporation is to blame, it can be hard to accept what has happened. Far too often, corporations put their profits before people’s safety—whether this means selling dangerous...more

Goldberg Segalla

Wrongful Death Claim Dismissed in Case Involving Louisiana Statute of Limitations Rule

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The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that...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

Husch Blackwell LLP

Scope and Enforceability of Arbitration Clauses in Florida

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In October 2023, a New York medical doctor sat down for a fateful meal with her husband and her mother-in-law at a Florida restaurant owned by the adjacent theme park. The doctor, who suffered from severe nut and dairy...more

Maison Law

Liability in Fatal Trucking Accidents in California

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Accidents involving large commercial trucks often lead to complex legal processes. The most complicated aspect of a fatal truck accident is identifying the person or company responsible for it. Depending on the details of the...more

Goldberg Segalla

$2.3M Verdict as to Equipment Manufacturer Upheld on Appeal

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Court: Superior Court of Pennsylvania - Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his...more

Goldberg Segalla

Plaintiffs’ Motion to Remand Denied

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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

DLA Piper

Food and Beverage News and Trends - September 2024

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. USDA guideline encourages third-party certification of animal-raising and...more

Bass, Berry & Sims PLC

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim After a Fatal Auto Accident in Florida

When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a...more

Marshall Dennehey

The Appellate Division Reversed and Remanded a Trial Court Order Denying the Plaintiffs’ Motion to Amend Their Complaint and...

Marshall Dennehey on

Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024) - The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused...more

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