The Alabama Ruling That Could Stop Families From Having Kid ..read more

Why the Alabama Supreme Court’s ruling on embryos matters .  To read more commentary about the decision, you can go to the links below.   dismissed a wrongful death claim for the death of a fetus, and the state's supreme court .   (the links are to my posts at the time the cases were reported ..read more

about a recent case in Alabama holding that plaintiffs had a valid cause of action for wrongful death based on the accidental destruction of frozen embryos.  I updated that post soon after I posted it, so if you read it immediately after it was picked up in your news aggregator you may want to go back to read it again because I added a quote from an article by someone else that had some good analysis.  Here are a few links to articles on the subject.   : ‘Another hot potato’: Alabama’s IVF ruling risks political, legal backlash ..read more

I am following up on this today because Joseph Margulies. a Professor of Government at Cornell University, recently published on these issues over at Justicia. In it he points out, correctly, that one important issue in the case (as in a torts case) is the question of proximate cause and, although he does not mention it by name, the question of duty.  And, in the end, he questions whether it would be a good idea to impose a duty on parents that could result in criminal liability under the circumstances of the case.  The comment is short and you can read it ..read more

recently reported that the Illinois Appellate Court decided a case holding that a mental health professional can be liable for the suicide of an outpatient.  This is an interesting development because Illinois has decided in the past suicide is an unforeseeable intervening (and therefore superseding) cause .  I am interested in reading how the court distinguishes this case from those precedents.  The case is called O’Donnell v. Bailey & Assocs. Counseling, and you can search for it with this cite:  2023 IL App (1st) 221736 ..read more

Now we sit and wait to see if the case will be appealed to the Illinois Supreme Court.  If it is, let’s hope the Court admits that the state of the law is a mess and takes the chance to clean it up.  Given the mess they have created up to this point, I am not too hopeful, but we’ll see.  It is a new year and maybe good things will come. , the court reiterated its precedent position that a suicide is unforeseeable as a matter of law, but then referred to that position as “the general rule” and recognized the possibility that a plaintiff could support a claim if the plaintiff coul ..read more

A second wrongful death lawsuit has been filed in Delaware.   YouTube channel has a detailed explanation of the case ..read more

I am writing about this today again because a a federal court in Louisiana recently declined to issue judgment in favor of Amazon on its argument that it is not liable for products sold by about two million “third party sellers,” such as the one that sold a defective battery charger that caused a deadly house fire resulting in this wrongful death lawsuit.  You can read the .  A few months later, the Texas Supreme Court reached the exact opposite result.  See ..read more

Now comes news that a second wrongful death lawsuit (on behalf of the beneficiaries of a 46-year old man) based on similar allegations has been filed in Delaware.  ..read more

I do not understand why this claim would be considered to be a class action, but we'll have to wait and see what happens to that request. .  For more on the recently filed complaint, go ..read more