21 results for 'cat:"Jurisdiction" AND cat:"Wrongful Death"'.
J. Johnson, in this interlocutory appeal, finds the trial court improperly denied the New York law firm's motion for special appearance. The father filed his legal malpractice suit against the firm for its representation in a suit regarding the wrongful death of his son from consuming a particular herbal extract, a circumstance for which the firm professed expertise. The father failed to negate the firm’s challenge to his jurisdictional allegations. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 14, 2024, Case #: 09-23-00201-CV, Categories: jurisdiction, wrongful Death, Legal Malpractice
J. Mitchell finds the lower court properly determined that an attorney who was appointed as the administrator ad colligendum of the decedent's estate was not permitted to bring a wrongful death action against rehabilitation center. Caselaw specifies that only executors and general administrators may serve as personal representatives in a wrongful death action.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 8, 2024, Case #: SC-2023-0635, Categories: Wills / Probate, jurisdiction, wrongful Death
J. Strickland grants the cigarette distribution company's motion to dismiss, ruling that because it is headquartered in Virginia and the estate has put forth no evidence to show it conducted business in New Mexico, this court lacks jurisdiction over the party.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 4, 2024, Case #: 2:23cv1136, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, jurisdiction, wrongful Death
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J. King finds the lower court improperly dismissed the wrongful death claim. The mother and the flooring company, accused of selling laminated floors that emitted illegal and unsafe levels of formaldehyde, entered into a settlement in regard to her consumer protection claim but not her wrongful death claim. Vacated.
Court: 4th Circuit, Judge: King, Filed On: January 17, 2024, Case #: 22-1643, Categories: Consumer Law, jurisdiction, wrongful Death
J. Palafox dismisses, for want of jurisdiction, an appeal brought by El Paso after the city was sued in a wrongful death case by parents who alleged their son lost control his motorcycle because a city street went “suddenly and without notice” from smooth asphalt to a rough unsurfaced street. Because the parents had nonsuited their tort claim, the controversy was moot at the time of the city’s appeal, and the city has presented no independent claim for relief that would justify overcoming the mootness doctrine.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 28, 2023, Case #: 08-23-00174-CV, Categories: Government, jurisdiction, wrongful Death
J. Africk denies a request by a woman who shot and killed her husband in 2015 for a Temporary Restraining Order, blocking litigation in state court initiated by his two children over their father’s pension benefits. Whether her killing of her husband was justified has been an issue in state civil actions and federal court, where insurance companies have sought a ruling to determine to whom his insurance proceeds must be paid. After a years-long absence, the woman appears to have turned to federal court only when it appeared that the state litigation would not resolve in her favor. Her request for a TRO is denied based on principles of federalism and out of respect for the state courts’ orders.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: July 28, 2023, Case #: 2:22cv3962, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, jurisdiction, wrongful Death
J. Silva grants the county's motion to dismiss a wrongful death suit brought by the estate of a man who was killed by officers after failing to comply with commands and driving through the security gate at the Nevada National Security Site, leading officers on a chase. Private security officers were private actors who acted pursuant to their federal contract within a federal jurisdiction, and to the extent they acted with the county and its employees, both parties were jointly under color of federal, not state, law. The county employees have qualified immunity, and the estate does not state a plausible claim for relief.
Court: USDC Nevada, Judge: Silva , Filed On: July 24, 2023, Case #: 2:20cv2359, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, jurisdiction, wrongful Death
J. Garcia grants a motion to dismiss brought by several parties in a wrongful death suit stemming from a car accident after an insurer sued seeking injunctive relief declaring a cap to potential damages. As a state court is already in the process of addressing these questions of liability and damages, the federal court has "no sound legal or factual basis to exercise jurisdiction" over this issue.
Court: USDC New Mexico, Judge: Garcia, Filed On: July 21, 2023, Case #: 2:22cv737, NOS: Insurance - Contract, Categories: Insurance, jurisdiction, wrongful Death
J. Coburn finds that the lower court properly denied a request from PenAir to dismiss a wrongful death suit stemming from a plane crash. The airline moved for the suit to be tossed for lack of personal jurisdiction, but the suit ties to contracts and business that the company was dealing in the state of Washington. Jurisdictional claims fail as a result, and the lower court properly allowed the suit to progress. Affirmed.
Court: Washington Court Of Appeals, Judge: Coburn, Filed On: June 12, 2023, Case #: 83424-0-I, Categories: jurisdiction, wrongful Death