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Comp exclusivity may not bar wrongful death suit 

Published: February 15, 2013

Tags: negligent design, workers' compensation, wrongful death

An employer could be sued for the wrongful death of an employee under the theory that it was the successor of the entity that caused the accident, the South Carolina Supreme Court has ruled in answering a certified question from a U.S. District Court.

Bally may be liable for N.Y. club member’s death 

Published: February 13, 2013

Tags: negligence, wrongful death

A health club may be liable for failing to render adequate emergency assistance to a member who collapsed from a heart attack, New York’s highest court has ruled in reversing a dismissal.

Safety inspectors could be liable for miners’ deaths 

Published: February 13, 2013

Tags: Federal Tort Claims Act, wrongful death

State law makes safety inspectors liable for deaths resulting from their negligent failure to ensure a mine’s compliance with federal safety standards, West Virginia’s highest court has ruled in answering a certified question from the 4th U.S. Circuit Court of Appeals.

Player’s family sues NFL over brain disease 

Published: February 8, 2013

Tags: chronic traumatic encephalopathy, collective bargaining agreement, concussion litigation, concussions, multidistrict litigation, National Football League, NFL, wrongful death

The name of another high-profile player was recently added to the concussion-related litigation against the National Football League.

Wal-Mart liable in accident from blown tire that killed three 

By: Kristi Tousignant
Published: February 4, 2013

Tags: negligence, Wal-Mart, wrongful death

A Maryland jury assessed damages of $18.9 million against Wal-Mart Stores Inc. for putting a new tire on an eroded rim — an action that led to the death of a woman and her two children.

Toyota settles two sudden-acceleration cases 

By: Sylvia Hsieh
Published: January 27, 2013

Tags: sudden acceleration, sudden unintended acceleration, Toyota, wrongful death

Toyota has settled two high-profile cases involving sudden unintended acceleration that were set for trial in February, according to the Los Angeles Times.

Benchmarks: Can health care surrogate bind patient to arbitration? 

By: Pat Murphy
Published: January 25, 2013

Tags: arbitration, health care surrogate, nursing home litigation, wrongful death

There’s been plenty of litigation over whether a nursing home arbitration clause executed by a medical power of attorney is enforceable.

Yesterday, West Virginia’s highest court addressed the more novel issue of whether a health care surrogate can bind a patient or her estate to arbitration.

Lawyer haunted by $108.6 M verdict in mother-child death case 

By: Sylvia Hsieh
Published: January 24, 2013

Tags: comparative negligence, faith healing, First Amendment, home birth, pregnancy, religious cult, wrongful death

When a couple came to trial lawyer Danny Thomas’ office four years ago with a disturbing case involving the death of their daughter and her newborn baby at the hands of a religious group, he knew the case would not be easy.

Evidence of prior Ford Windstar fires inadmissible 

Published: January 24, 2013

Tags: breach of implied warranty, expert witness, negligence, product liability, wrongful death

A product liability plaintiff could not introduce evidence of previous electrical fires in Ford Windstar vans to show that the car manufacturer failed to adequately warn consumers of the hazard, the Virginia Supreme Court has ruled in affirming judgment.

Nursing home can’t enforce arbitration clause 

Published: January 24, 2013

Tags: American Arbitration Association, arbitration, nursing home litigation, wrongful death

A nursing home sued for wrongful death could not enforce an arbitration agreement that specified an alternate dispute resolution agency that is no longer in the business of health care arbitrations, the North Carolina Court of Appeals has ruled in affirming judgment.