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Wrongful Death Negligence

Mandelbaum Barrett PC

Can Anyone File a Wrongful Death Claim in New Jersey?

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Losing a loved one unexpectedly is devastating, particularly when their death results from someone else’s negligence or wrongful actions. Financial hardships, including medical bills, funeral expenses, and lost income, often...more

Rivkin Radler LLP

July 2025 Insurance Update

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We cover a broad range of topics in this month’s insurance update. The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion. The Sixth Circuit decides whether an equipment...more

Husch Blackwell LLP

NYC ‘Subway Surfing’ Case Survives Summary Judgment

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On June 30, 2025, the Honorable Paul Goetz of the New York Supreme Court held that plaintiff Norma Nazario’s lawsuit for the death of her son in a 2023 “subway surfing” incident could proceed against social media companies...more

Searcy Denney Scarola Barnhart & Shipley

Can a Personal Injury Case Turn into a Wrongful Death Claim?

It is never easy to lose a family member, but the loss is much more painful when the death of a loved one could have been prevented if someone had only acted responsibly. When another person’s failure to act responsibly...more

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

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In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Littler

Virginia’s New “Vulnerable Victim” Law Increases Employers’ Potential for Vicarious Liability in Personal Injury and Wrongful...

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A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers’ vicarious liability for their employees’ tortious conduct in personal injury and wrongful death lawsuits brought by...more

Chartwell Law

Texas Supreme Court Reverses $89M Verdict in Landmark Trucking Case

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The Texas Supreme Court recently issued a major opinion reversing a nearly $90 million judgment against a national motor carrier in a personal injury suit arising from a multi-vehicle crash on an icy interstate. The case,...more

Hanson Bridgett

The Texas Supreme Court Detours the Trucking Industry Around a Historic Nuclear Verdict

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On an icy winter day more than ten years ago, the driver of an F-350 pickup truck, traveling eastbound on Interstate 20, crossed a 42-foot grassy median, entered in westbound traffic, and collided with a Werner Enterprises...more

Searcy Denney Scarola Barnhart & Shipley

Traffic Accidents 101

Recovering after a traffic accident is a much more complicated process than most people understand. From determining whether your losses will exceed your PIP coverage to determining who was at fault in the collision, there...more

Cozen O'Connor

Texas Supreme Court Narrows Employer Liability and Explains Standard for Proximate Cause

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In a significant decision issued on June 27, 2025, the Supreme Court of Texas reversed a jury verdict awarding over $89 million in damages in favor of the plaintiffs in Werner Enterprises, Inc. v. Blake, holding that the...more

Carlton Fields

Sixth Circuit Finds No E&O Coverage for GL Carrier Under E&O Policy for Underlying Motel Claim

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In Columbia Casualty Co. v. State Auto Mutual Insurance Co., the Sixth Circuit Court of Appeals concluded, under Ohio law, that a demand letter to a general liability insurance carrier’s insured containing allegations of bad...more

Searcy Denney Scarola Barnhart & Shipley

Essential Guide to Child Car Safety

As a parent, nothing matters more than keeping your children safe. But, this is often easier said than done. This is especially true when it comes to driving on Florida’s roads. No matter how safely you drive, there are...more

JUSTICENTER

Should I Hire a Lawyer After a Car Accident in California?

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After a car accident, life can feel overwhelming. You may be dealing with injuries, car repairs, insurance calls, and missed work, all while trying to make sense of what happened. It’s natural to wonder if you need a lawyer...more

JUSTICENTER

Safety Tips for Sharing the Road With Motorcyclists

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Motorcycles share only a small slice of overall miles driven, but they account for a large share of traffic deaths. In 2021, over 6,200 motorcyclists lost their lives — about 15 percent of all traffic fatalities. Since...more

Marshall Dennehey

Florida Court Holds Uber is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

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Campo v. Uber Technologies, Inc., 2025 WL 15388 (Fla. 3d DCA 2025) - Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber...more

Marshall Dennehey

Appellate Court Upholds Assumption of Risk Defense in Parade Fatality Case

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Luke v. Short Creek Joint Fire District, 2025 WL 289593, No. 24-JE-0005 (Ohio Ct. App. Jan. 23, 2025) - This matter establishes a strong assumption of risk defense based upon the actions of passengers within moving vehicles....more

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Downs Rachlin Martin PLLC

Falls are the leading cause of traumatic brain injury

Falls account for two-thirds of TBIs in adults over 65.  Preventing falls is therefore key to mitigating the risk of TBI. Falls can happen to anyone and can lead to tragic consequences, even where there is no visible injury....more

Weber Gallagher Simpson Stapleton Fires &...

Good News (Finally): Tort Reform Efforts Gaining Steam Across the U.S.

On April 22, 2025, Georgia Governor Brian Kemp signed the Georgia Tort Reform Act, which significantly alters the playing field in personal injury cases. As discussed below, Georgia joins a small but growing list of states...more

Maison Law

Special Considerations for California Accident Claims Involving Commercial Vehicles

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Although data doesn't exist for all commercial vehicle crashes, the Federal Motor Carrier Safety Administration's Crash Statistics database shows that some vehicles commonly used for commercial purposes, such as buses and...more

Goldberg Segalla

Washington Court Awards $16M Plaintiff Verdict after Default Judgment

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Court: Washington Superior Court, Pierce County - A Washington state court in April awarded $16 million to the estate of decedent Steven Korzerke after a default judgment was entered against defendant Asbestos Corp. LTD, a...more

JUSTICENTER

Common Accidents at Van Nuys Sherman Oaks Recreation Center

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Van Nuys Sherman Oaks Recreation Center is a popular destination for families, athletes, and community members in the Encino area. With its sports fields, playgrounds, gym, and swimming pool, the center offers many...more

Jones Day

Georgia Enacts Major Tort Reform Legislation

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The new law affects various aspects of civil litigation, including negligent security cases, damages, evidentiary matters, civil practice, and third-party litigation funding....more

Marshall Dennehey

Examining the Limits of the State-Created Danger Doctrine

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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

Kennedys

Georgia enacts sweeping tort reform: Key takeaways from SB 68

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On April 21, 2025, Governor Brian Kemp signed Senate Bill 68 (SB 68) into law, marking a significant shift in Georgia’s civil litigation landscape. Aimed at shedding the state’s “judicial hellhole” reputation, the law...more

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