Tag Archives: Wrongful Death

Argument Report: Illinois Supreme Court Likely to Find Wrongful Death Lawyer Owes Duty to Next of Kin

Based upon the especially heavy questioning directed at the appellant during the recent oral argument in Estate of Powell v. John C. Wunsch, P.C., the Illinois Supreme Court seems to be contemplating holding that counsel who brings a wrongful death action owes a duty of care not only to the administrator or administratrix of the … Continue Reading

Survival, Wrongful Death, and Agreements to Arbitrate

At least in theory, the days are long gone in most jurisdictions when courts were openly hostile to arbitration. Nevertheless, petitions to arbitrate are a frequent battleground between plaintiffs and defendants. On Thursday, a unanimous Illinois Supreme Court offered important guidance for determining such petitions, filing its decision in Carter v. SSC Odin Operating Co. Carter arises … Continue Reading

California Supreme Court Issues Two Opinions – Addressing Collateral Estoppel and Compelling Arbitration of Medical Malpractice Wrongful Death Claims

Murray v. Alaska Airlines, Inc. holds that collateral estoppel applies to the administrative findings of a federal agency when those findings were subject to objection and judicial review that was never pursued, resulting in a final nonappealable order based on those findings. The Court found that in a subsequent civil lawsuit, those administrative findings have … Continue Reading