Showing all results for category “wrongful death”

Mara Goltsman Obtains Summary Judgment for Nursing Home Client

Congratulations to Mara Goltsman on obtaining summary judgment in a New York medical malpractice/wrongful death suit filed on behalf of a deceased nursing home patient. The court found that the nursing home rendered appropriate treatment and did not commit malpractice.

Goltsman and Ghosn Obtain Dismissal Of Covid Death Claim

Congratulations to partner Mara Goltsman and associate Josef Ghosn on obtaining dismissal of a case pending in Supreme Court Kings County where the plaintiff claimed that her disabled son died at a nursing home due to Covid. The court dismissed the wrongful death and medical malpractice claims based on the expiration of the statute of limitations. The court dismissed the negligence claim because it was filed before plaintiff was legally appointed as the administratrix of her son’s estate and, as such, she lacked the legal capacity to sue.

Goltsman Obtains Dismissal of Nursing Home Lawsuit

Clausen Miller partner Mara Goltsman of our New York office has obtained dismissal of a nursing home lawsuit based on procedural grounds.

United States Supreme Decides “Game Changing” Case on General Personal Jurisdiction Over a Foreign Corporation

by Melinda S. Kollross

In another decision involving some peculiar judicial alignments, the Supreme Court issued a 5-4 decision in Mallory v. Norfolk Southern Railway Company, No. 21-1168 (U.S. June 27,

Illinois Supreme Court Permits Fetal Wrongful Death Claims Against Physicians Where The Death Resulted From A Subsequent Lawful Abortion

by Scott R. Shinkan

The Illinois Supreme Court held in Thomas v. Khory, M.D. et al., 2021 IL 126074, that section 2.2 of the Wrongful Death Act, 740 ILCS 180/2.2,

Alert On Illinois Personal Injury And Wrongful Death Actions: Prejudgment Interest On Those Judgments Is Effective On July 1, 2021.

By Melinda S. Kollross and Amy R. Paulus

We had earlier reported on efforts by the Illinois legislature to assess prejudgment interest on personal injury and wrongful death judgments. That legislation stalled, but a compromise bill was passed and signed into law on May 28,

Medical Malpractice Claim Brought Under The Wrongful Death Act Can Relate Back To Existing Claim And Is Not Barred By Statute Of Repose

The Illinois Supreme Court holds that a medical malpractice claim brought under the Wrongful Death Act, 740 ILCS 180/0.01 et seq., can relate back to an existing claim and is not barred by the statute of repose.