News & Analysis as of August 29, 2025

Wrongful Death

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

Examining the Limits of the State-Created Danger Doctrine

Marshall Dennehey on 4/25/2025

Cappel v. Aston Twp. Fire Dep’t, 693 F. Supp. 3d 467 (E.D. Pa. 2023) - During the COVID-19 pandemic, the decedent’s family urgently called 911 as she struggled to breathe and had dangerously low blood-oxygen levels. However,...more

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

Marshall Dennehey on 8/29/2024

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

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

Miles Mediation & Arbitration on 9/7/2023

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

Insurance Update - October 2022

Rivkin Radler LLP on 10/25/2022

Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update. And in honor of the month’s most treasured sporting event, the Fall Classic, we...more

Insurance Update - September 21 2022

Rivkin Radler LLP on 9/22/2022

Some important insurance decisions were handed down over the past month. We begin in Ohio, where public nuisance claims by state and local governments over opioids and lead paint were on full display. In Acuity, the...more

NY Law Permits Claims by Nursing Home Patients’ Representatives and Estates

Harris Beach Murtha PLLC on 8/25/2022

On August 18, 2022, Governor Kathy Hochul signed into law a bill amending Section 2801-d of New York’s Public Health Law to expressly provide the legal representative or estate of a nursing home resident the right to bring a...more

What Happens at Work Stays at Work? Bringing Covid-19 Home to Your Spouse (Update)

Laughlin, Falbo, Levy & Moresi LLP on 7/18/2022

There is no question COVID-19 altered our existence as humans. Worldwide, the pandemic has touched all aspects of daily life. It is not surprising, then, that we are still seeing the ripple effects in the California Workers’...more

California Court Opens the Litigation Floodgate Re: COVID-19 Exposure in the Workplace

Amundsen Davis LLC on 4/22/2022

In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,...more

PEO Pointers: The California Supreme Court Greenlights “Gamechanger” Trial of COVID-19 Negligence Claims

Fisher Phillips on 4/19/2022

Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. The California...more

Ninth Circuit Ruling Expands Nursing Home COVID-19 Venue Fight

Quarles & Brady LLP on 3/11/2022

On February 22, 2022, the Ninth Circuit ruled a COVID-19 wrongful death suit brought against a nursing home is not preempted by a federal health emergency law. The court affirmed a district court’s remand order which stated...more

COVID-19 Litigation: Clear Sailing or Calm Before the Storm?

Esquire Deposition Solutions, LLC on 2/8/2022

The last time we looked at litigation arising from the COVID-19 pandemic, it appeared that businesses and their insurers faced a grave risk of being buried by COVID-related lawsuits. So far, however, the worst fears within...more

California Court Rules Employer Must Face Lawsuit Over COVID Death of Employee's Spouse

ArentFox Schiff on 1/21/2022

A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee's spouse from COVID-19 after she allegedly contracted the virus at work and...more

PEO Pointers: Court Decision Means Employers Could Face COVID-19 Injury and Death Claims for Workplace Exposures

Fisher Phillips on 1/13/2022

Welcome to "PEO Pointers," a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance....more

California Court Ruling Opens Door to COVID-19 Claims by Non-Employees Catching Virus from Workers

Fisher Phillips on 1/10/2022

A common question posed during the pandemic has been whether employers can face liability for COVID-19 infections originating in the workplace. As to employees who contract COVID-19, the answer has been that an employee’s...more

The Spread of Employee Lawsuits Related to COVID-19 May Be Widening, But Treatments and Cures May Exist

Weintraub Tobin on 12/22/2021

A blog we published here on May 28, 2020, correctly noted that California’s workers-compensation laws may immunize employers from most civil lawsuits alleging that employees became infected with the coronavirus on the job. ...more

PREP Act Preemption: “There is no COVID-19 Exception to Federalism”

Harris Beach Murtha PLLC on 12/20/2021

When the estates of nursing home residents who died from COVID-19 brought negligence and wrongful death lawsuits in New Jersey state court, defendant nursing homes removed the suits to federal court under the Public Readiness...more

Pending California Case Could Upend Workers’ Compensation “Exclusive Remedy” for COVID-19 Claims

Fisher Phillips on 9/10/2021

One silver lining for employers during the pandemic has been the reality that they shouldn’t fear any potential tort liability for COVID-19 cases stemming from the workplace – or should they? Most employers (and attorneys and...more

Court Says “No!” To Covid Liability

Fox Rothschild LLP on 8/30/2021

Since the beginning of the COVID-19 pandemic, people have wondered how the courts will handle the inevitable lawsuits by employees and customers alleging that a business negligently exposed them to infection. Enough time has...more

Illinois Governor Signs Law Imposing Six-Percent Prejudgment Interest

Husch Blackwell LLP on 7/2/2021

Illinois Governor Pritzker signed into law Senate Bill 72 (SB 72), which includes prejudgment interest and amends the Illinois Interest on Judgment Act 735 ILCS 2-1303 (Act). The amendment imposes six-percent prejudgment...more

Maryland Federal Court Limits Employer Liability to Third Parties in the Face of COVID-19

Foley & Lardner LLP on 6/29/2021

On June 23, 2021, the U.S. District Court in Maryland dismissed a case in which a Southwest Airlines Co. (Southwest) flight attendant sued the airline for the wrongful death of her husband. In the case, Estate of William...more

Texas House Passes Pandemic Liability Protection Act

Jackson Walker on 6/10/2021

Texas businesses watched the 2021 Texas legislative session closely for the potential pandemic liability relief provided in Senate Bill 6 (SB 6), or the Pandemic Liability Protection Act. With the passage of SB 6, Jackson...more

New COVID-19 Lawsuits Allege Duty of Care to Employees' Household Members

Parker Poe Adams & Bernstein LLP on 6/1/2021

A new wave of lawsuits is attempting to impose legal liability on companies whose alleged negligence resulted in an employee becoming infected with the COVID-19 virus and then passing the illness to a household member who...more

The Franchise Memorandum - Issue # 265

Lathrop GPM on 5/6/2021

Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fraud/Misrepresentation - Minnesota Federal Court Rules that Fraud and Misrepresentation...more

Governor Pritzker Vetoes HB 3360, But A Revised Version Will Soon Return To His Desk

Husch Blackwell LLP on 5/6/2021

HB 3360, vetoed by Gov. Pritzker on March 25, would have imposed 9 percent prejudgment interest on personal injury and wrongful death claims in Illinois. This is the governor’s first bill rejection in two years and his ninth...more

A New Kind of Covid Immunity: Here’s What You Need To Know About Arizona’s New Law Protecting Businesses From Covid Lawsuits

Clark Hill PLC on 4/21/2021

Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19. ...more

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