Wrongful Death

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Related to Immunity from Suit: Governmental immunity

Wrongful Death

A claim that a person or organization is directly responsible for the death of a person. A wrongful death claim is brought in a lawsuit in a few common law jurisdictions, notably the United States, the United Kingdom and Australia. Wrongful death lawsuits are brought by relatives of the deceased. Some analysts believe these lawsuits are an easier way to punish suspected murderers because only a "preponderance of evidence" or a "balance of probabilities" (as opposed to "proof beyond a reasonable doubt") is required for a judgment. One prominent example of this occurred in the 1990s when former football player O.J. Simpson was found not guilty of murder but judged liable for wrongful death.
References in periodicals archive ?
State Department decided whether foreign nations would receive sovereign immunity from suits in U.S.
In Keck, the court held that an employee was allowed interlocutory review of an order denying summary judgment based on the employee's claim of immunity from suit under F.S.
sovereign has waived its immunity from suit by consenting to the action
After finding that Congress had abrogated the states' Eleventh Amendment immunity from suit, the Court held in a five-four decision that Congress acted beyond its Constitutional power when it made states subject to suit for bargaining in bad faith with tribes over gaming compacts.
sovereign immunity from suit, a vital element of tribal sovereignty, is
The Court granted certiorari in Northern to determine if there existed a separate and distinct form of immunity, outside of the Eleventh Amendment, upon which a county, not qualifying as an arm of the State, may rely on to assert immunity from suit. (10) The Court held that it did not recognize a common law residual immunity in admiralty suits; therefore, an entity that does not qualify as an arm of the State under the Eleventh Amendment cannot assert an immunity defense to an admiralty suit.
[A citizen cannot sue the government without a 'right to proceed', that is, a law removing the government's immunity from suit. Current High Court doctrine holds that, in cases in federal jurisdiction, a right to proceed derives by implication from the grant of jurisdiction.
Presented by editor-in-chief Daller (of Daller Greenberg & Dietrich, LLP), the overviews provide, where relevant to the particular jurisdiction, information on causes of action, statutes of limitation, strict liability, duty to warn, negligence, breach of warranty, wrongful death, punitive damages, pre- and post-judgment interest, employer immunity from suit, relevant statutes, joint and several liability, and choice of law.
Under the binding terms of the agreement, Gen-Probe will withdraw its patent litigation against Bayer and will grant Bayer immunity from suit with respect to all existing and future Gen-Probe patents for all of Bayer's current nucleic acid diagnostic products.
Under European Communities Order 1997, entitled "Immunities and Privileges of the European Police Office," members of the EU's police force (the Europol) "shall enjoy immunity from suit and legal process in respect of acts, including words written or spoken, done by them in the exercise of their official functions." Veritas Group, an organization of British "Euro-skeptics," contends that this grants Europol officers "authority to steal, lie and even kill in the course of their duties" and that "the public will have no right of redress."
The Lane case raises an important issue: Does Congress have the power to override the states' immunity from suit and authorize Title II plaintiffs to seek damages from the states?
States normally enjoy immunity from suit by private parties, but they may waive this immunity.