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Appeals Wrongful Death Dismissals

Marshall Dennehey

Medical Malpractice Suit Dismissed for Inadequate Affidavit of Merit in Wrongful Death Following Kidney Biopsy

Marshall Dennehey on

Sovelove v. Shirazi, A-1540-23, Jun. 17, 2025 - The decedent had undergone an elective kidney biopsy and suffered a large retroperitoneal bleed, resulting in her death. The plaintiff, individually and as the estate executor,...more

Miles Mediation & Arbitration

A Potential Trap for the Unwary Plaintiff’s Lawyer

All Georgia lawyers should be aware of the two dismissal rule that results in an adjudication on the merits. Under Georgia law, with some limitations, a plaintiff can voluntarily dismiss a lawsuit without prejudice and refile...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Hernandez et al. v. Mesa

On February 25, 2020, the Supreme Court decided Hernandez et al. v. Mesa, No. 17-1678, declining to extend a judicially created damages remedy for a constitutional violation by a federal employee, a U.S. Border Patrol agent...more

Holland & Knight LLP

D.C. Circuit Affirms Forum Non Conveniens Dismissal of Flight MH370 Claims

Holland & Knight LLP on

The U.S. Court of Appeals for the District of Columbia Circuit recently affirmed the forum non conveniens dismissal of wrongful death and product liability claims brought by personal representatives and beneficiaries of...more

Foley Hoag LLP - Global Business and Human...

Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum

In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held...more

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