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D.D.C.·
1977-05-06
·cited 1×
The court held that the trial judge erred in dismissing the wrongful death claim, as the jury should have been allowed to assess damages, but affirmed the survival action award.
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335 So. 2d 273·
Fla.·
1976-05-28
·cited 1×
The court held that Section 768.21(6)(a), Florida Statutes, is constitutional, and parents of an adult child cannot recover damages for mental pain and suffering under it.
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132 So. 2d 626·
Fla. 3d DCA·
1961-09-07
·cited 1×
A federal statute providing for assignment of a wrongful death claim to an employer upon payment of compensation benefits supersedes state law that prohibits such assignment.
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11th Cir.·
2025-11-10
The court held that most claims against the Kingdom of Saudi Arabia were barred by sovereign immunity, but claims based on gross negligence in vetting and hiring the shooter were facially sufficient to survive a jurisdictional attack under JASTA.
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M.D. Fla.·
2022-02-19
The estate of Jose Villegas brought a § 1983 action against Florida Department of Corrections officers and supervisors, alleging they violated the Eighth Amendment by using excessive force and showing deliberate indifference to his serious medical needs after discovering him unre
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M.D. Fla.·
2020-09-17
The court granted in part and denied in part motions to dismiss, finding that some claims against officers Moody and Faltz could proceed, but claims against Warden Lee were dismissed.
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Del. Super. Ct.·
2016-11-23
The court held that under Delaware's wrongful death statute, 10 Del. C. § 3724(d)(5), the existence of surviving children bars parents and siblings from recovering damages for mental anguish. The court further found that the phrase "to whom the decedent stood in loco parentis" ap
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Del. Super. Ct.·
2009-11-13
The court held that under the Delaware Wrongful Death Statute, a plaintiff can potentially recover damages for mental anguish without a showing of physical injury. The court denied the defendant's motion for partial summary judgment.
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Del. Super. Ct.·
2009-09-30
The court held that the decedent's general release in his employment agreement was valid under Delaware and Dubai law, extinguishing his estate's survival claim. However, the decedent's unilateral release did not bar his widow's wrongful death claim, as she was not a party to the
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Del. Super. Ct.·
2006-10-26
The court denied the defendants' motion for summary judgment on the negligent entrustment claim, finding genuine issues of material fact regarding foreseeability and causation that should be decided by a jury. The court granted the defendants' motion for partial summary judgment
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984 F.2d 1383·
4th Cir.·
1993-01-29
The dissenting judge would hold that the North Carolina Wrongful Death Act's anti-subrogation provision is preempted by ERISA to the extent it bars subrogation of medical costs recovered from a tortfeasor.
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956 F.2d 813·
8th Cir.·
1992-02-11
The court held that the case must be remanded to the district court to determine if the plaintiff should be permitted to amend her complaint and whether subject matter jurisdiction exists.
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923 F.2d 1091·
4th Cir.·
1991-01-23
The court held that Maryland law does not recognize a cause of action for the "loss of a substantial possibility of successful recovery" or survival, and that traditional proximate cause standards apply to medical malpractice claims.
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856 F.2d 28·
5th Cir.·
1988-09-28
Texas law does not recognize causes of action for minor children or a father to recover damages for mental anguish and loss of society from injuries to a mother/daughter, respectively, when the injury did not result in death.
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849 F.2d 46·
2d Cir.·
1988-05-27
The court concurred in the result because the defendant procedurally failed to preserve the issue of the expert's tax calculations.
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470 So. 2d 56·
Fla. 4th DCA·
1985-05-29
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398 So. 2d 980·
Fla. 1st DCA·
1981-05-18
The court held that the suicide note was admissible as an exception to the hearsay rule to prove the decedent's state of mind, and that the trial court erred in directing a verdict for the defendant.
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49 Fla. Supp. 128·
Fla. P.S.C.·
1979-08-31
The commission lacks jurisdiction to regulate the transportation of deceased human bodies because they are neither 'persons' nor 'property' under statutory definitions.
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585 F.2d 692·
4th Cir.·
1978-10-20
The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction because Virginia retained civil jurisdiction over the Blue Ridge Parkway, meaning the state's wrongful death statute did not become a law of the United States.
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476 F.2d 680·
2d Cir.·
1973-03-15
A municipality is not a "person" within the meaning of 42 U.S.C. § 1983, and therefore cannot be sued under that statute for damages, regardless of state indemnification laws. Furthermore, a federal court may, in its discretion, decline to exercise pendent jurisdiction over state
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387 F.2d 372·
5th Cir.·
1967-12-21
A foreign administrator may sue under North Carolina's wrongful death statute in federal court, even if not appointed by a North Carolina court.
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329 F.2d 583·
5th Cir.·
1964-03-26
The court held that a prior judgment, obtained through an ex parte petition to settle a doubtful claim and a release from the administratrix, did not constitute a "determination of the plaintiff's cause of action on its merits" so as to bar the wrongful death claim under Mississi
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305 F.2d 136·
5th Cir.·
1962-06-29
The court held that the insufficiency of a declaration against one defendant in state court does not provide grounds for removal to federal court, as the sufficiency of pleadings must be tested in the state court.
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15 Fla. Supp. 143·
Dade Cty. Cir. Ct.·
1960-01-13
The executor of a deceased wife's estate can bring a wrongful death action against the husband who caused her death, even if the statute generally prioritizes the husband as the plaintiff, because the wrongdoer cannot benefit from their own act.
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262 F.2d 20·
D.C. Cir.·
1958-11-20
The court held that a stipulation to be bound by test cases, coupled with contribution to litigation costs, can authorize an equitable award of attorney's fees even without a formal attorney-client relationship.
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241 F.2d 57·
9th Cir.·
1957-02-11
The measure of damages under the Alaska wrongful death statute, when the decedent is survived by a spouse and children, is the pecuniary loss to the survivors, not the loss to the decedent's estate.
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6 Fla. Supp. 14·
Palm Beach Cty. J. Ct.·
1954-06-17
A Florida county court dismissed a petition for appointment of an ancillary administrator to a non-resident decedent's estate, holding that Florida lacked statutory jurisdiction because the decedent was domiciled in Maryland and had no property in Florida.
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196 F.2d 545·
8th Cir.·
1952-05-12
The court held that there was sufficient evidence of agency to submit the question to the jury, as reasonable minds could differ on whether the trip was for the mutual benefit of the pilot and the defendant.
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186 F.2d 679·
10th Cir.·
1950-12-26
The court held that the plaintiff's contributory negligence, stemming from his failure to use available safety measures despite knowledge of the dangers of carbon tetrachloride, barred his wrongful death claim, even though the government was also found negligent.
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163 F.2d 968·
8th Cir.·
1947-10-30
The court held that the defendant could be held liable for the janitor's failure to warn an employee of a fire, as the emergency doctrine did not excuse the janitor's inaction given the time for deliberation.