wrongful-death

23 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-470 Scott Cannon, Individually and as Personal Representative of the Estate of Blaise Cannon v. Blue Cross and Blue Shield of Massachusetts, Inc. First Circuit 2025-10-16 Denied derivative-claim erisa-preemption first-circuit massachusetts-law statutory-interpretation wrongful-death Whether a claim for wrongful death under Massachusetts law is preempted by ERISA
25A147 Scott Cannon, Individually and as the Personal Representative of the Estate of Blaise Cannon v. Blue Cross and Blue Shield of Massachusetts, Inc. First Circuit 2025-08-05 Presumed Complete erisa federal-courts preemption rutledge-precedent statutory-interpretation wrongful-death Whether the Supreme Court's decision in Rutledge v. Pharmaceutical Care Management Association clarifies the standard for statutory preemption of stat…
25-121 Kera Morgan, as Administrator and Personal Representative of the Estate of Phillip Raymond Morgan v. Union Pacific Railroad Company, a Delaware Corporation Iowa 2025-07-31 Denied Response Waived employee-suicide federal-employers-liability-act negligence workplace-harassment wrongful-death zone-of-danger Whether the 'zone of danger' test from Gottshall applies to FELA wrongful death claims involving employee suicide, and whether workplace harassment-in…
24-849 Laura Smith, as Duly Appointed Representative and Independent Administrator of the Estate of Andrea Manfredi, Deceased, et al. v. The Boeing Company, et al. Seventh Circuit 2025-02-10 Denied Amici (3)Response Waived admiralty-jurisdiction diversity-jurisdiction federal-court maritime-law subject-matter-jurisdiction wrongful-death Whether a federal court can have exclusive admiralty jurisdiction over a claim when a non-admiralty state court would have concurrent jurisdiction ove…
24-822 Alejandro Alers, Jr. v. Olympia Medical Center, et al. California 2025-02-03 Denied Response Waived civil-procedure equal-protection power-of-attorney pro-se-litigant probate-code wrongful-death Are pro se litigants entitled to equal protection, commence wrongful death lawsuits, and represent themselves without counsel under California law?
24-82 Christina Brown v. Amazon Headquarters, LLC, aka Amazon.com, Inc., et al. Fourth Circuit 2024-07-25 Denied Response Waived course-of-business employer-liability employment medical-licensing unlawful-employment worker's-compensation workers-compensation workplace-liability workplace-safety wrongful-death Is illegal work considered legitimate work?
23-7829 Brandon Roberts v. Wexford Health Sources, Inc., et al. Fourth Circuit 2024-06-28 Denied Response WaivedIFP access-to-courts civil-rights due-process fourth-amendment prisoner-rights statute-of-limitations strip-searches wrongful-death Can a prisoner state a claim for denial of access to the courts if prison officials impeded their ability to litigate a pending wrongful death suit?
23A1015 Christina Brown v. Amazon Headquarters, LLC, et al. Fourth Circuit 2024-05-15 Presumed Complete appellate-review civil-procedure corporate-defendant motion-to-dismiss pro-se wrongful-death Whether a pro se plaintiff can successfully challenge a district court's dismissal of a wrongful death action against a corporate defendant after deni…
23-580 Lisa O'Brien, et al. v. United States District Court for the Southern District of New York Second Circuit 2023-11-30 Denied anti-terrorism-act damages federal-courts federal-statute preemption state-law statute-of-limitations wrongful-death Whether Congress intended to preempt state wrongful death distribution laws in enacting the Anti-Terrorism Act (ATA)
23-482 Catherine Craig-Myers, Individually and as Personal Representative of the Estate of Robert Meyers, Deceased v. Otis Elevator Company, et al. Florida 2023-11-07 Denied civil-rights constitutional-rights due-process elevator-safety jury-trial osha osha-safety-laws preemption wrongful-death Do Florida courts violate constitutional rights to jury trial and due process by refusing to admit evidence of culpable negligence violating preemptiv…
23-433 Joyce Daniels, as the Administrator of the Estate of Mark Daniels, Deceased v. City of Pittsburgh, Pennsylvania, et al. Third Circuit 2023-10-26 Denied 42-usc-1983 civil-rights due-process judicial-procedure law-enforcement qualified-immunity section-1983 summary-judgment unsworn-testimony wrongful-death Whether the trial court should have relied on the officer's unsworn interview in a wrongful death action brought under 42 U.S.C. § 1983
22-7028 John L. Dickerson, Jr., Administrator of the Estate of Betty Jane Matlock, Deceased v. Emmanuel Noel Cruz Tancinco, et al. Arkansas 2023-03-16 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights due-process estate-administration judicial-procedure medical-malpractice procedural-rights standing substantive-rights wrongful-death Whether the petitioner's substantive and procedural due process rights were violated when the Circuit Court and Arkansas Court of Appeals dismissed th…
21-1598 City of Anaheim, California, et al. v. Fermin Vincent Valenzuela, et al. Ninth Circuit 2022-06-28 Denied Amici (2) 42-usc-1983 42-usc-1988 circuit-split civil-rights federal-court hedonic-damages robertson-v-wegmann section-1983 state-law survivorship-claim wrongful-death Whether state law prohibitions on hedonic damages apply to 42 U.S.C. § 1983 survival claims
21-7179 Precious Wiley v. Department of Veterans Affairs, et al. Eleventh Circuit 2022-02-23 Denied Response WaivedIFP civil-rights due-process eisenhower-army-medical-center federal-tort-claims-act medical-malpractice medical-negligence pro-se-litigation service-of-process standing wrongful-death Why did the district court dismiss the appellant's Federal Tort Claims Act complaint alleging wrongful death due to medical negligence?
21-955 Khristy Goins Rismiller, Tutrix for Daniel Edward Goins, et al. v. Gemini Insurance Company, et al. Louisiana 2021-12-30 Denied Response Waived adoption adoption-law biological-classification civil-rights constitutional-rights due-process equal-protection intermediate-scrutiny levy-v-louisiana wrongful-death Do children given in adoption have a constitutional right to sue for the wrongful death of their biological parent and siblings under the 14th Amendme…
21-894 Helen Gardner v. New York Presbyterian Brooklyn Methodist Hospital, et al. New York 2021-12-17 Denied 42-usc-1981 access-to-courts certificate-of-merit civil-rights court-access due-process first-amendment section-1981 wrongful-death Whether the Supreme Court of the State of New York erred in dismissing Petitioner's Wrongful Death Case for lack of a Certificate of Merit
20-1818 Ashlee R. Hull, Individually and in Her Capacity as Co-Executrix of the Estate of John Edward Hull, Sr., et al. v. Muhammed Samar Nasher-Alneam, et al. West Virginia 2021-06-30 Denied Response Waived 14th-amendment civil-rights court-precedent due-process motion-to-dismiss standing suicide suicide-litigation wrongful-death Whether the denial of a person's right to pursue litigation based solely on the fact that the person died via suicide is a violation of the 14th-Amend…
20-1254 Padma Rao v. Midland Trust Company Illinois 2021-03-10 Denied civil-procedure due-process legatee probate probate-estate property-rights standing survival-act wrongful-death Whether the Petitioner daughter and legatee of the deceased in a probate estate has any standing under the Due Process Clause to protect her property …
20-6672 Adam L. Coleman v. Ephraim McDowell Regional Medical Center Kentucky 2020-12-21 Denied IFP age-of-majority civil-rights constitutional-rights due-process equal-protection equal-protection-clause estate-administration legal-representation medical-malpractice wrongful-death Can a state pass legislation that jeopardizes legal representation of a Wrongful Death or Medical Malpractice asserted claim that would otherwise be g…
19-5426 Leonard Stansberry v. Texas Texas 2019-08-02 Denied Response WaivedIFP civil-procedure civil-rights constitutional-provisions court-review due-process equal-protection jurisdiction legal-procedure police-misconduct racial-discrimination standing statutory-provisions takings writ wrongful-death Whether the cause and manner of death of Quastisa Ne was properly investigated and determined
18A1356 Montye Benjamin v. Lynn Thomas Eleventh Circuit 2019-06-24 Presumed Complete civil-rights constitutional-claims eleventh-circuit pro-bono summary-judgment wrongful-death Whether a civil rights action for wrongful death can survive summary judgment when the underlying constitutional claims have been dismissed by the low…
18-1350 Maria S., as Next Friend for E. H. F. and S. H. F., Minors, and A. S. G. v. Ramiro Garza Fifth Circuit 2019-04-29 Denied Response RequestedResponse WaivedRelisted (3) bivens border-protection civil-procedure civil-rights due-process federal-tort immigration qualified-immunity retaliation standing wrongful-death Whether a U.S. Customs and Border Protection agent is entitled to qualified immunity for allegedly coercing a mother into departing the U.S., where sh…
18-628 Rebekah Cooper, as Administrator of the Estate of Jason Cooper, Deceased v. Ehtsham Haq, et al. Alabama 2018-11-14 Denied civil-procedure federal-question medical-malpractice state-law-claims statute-of-limitations supplemental-jurisdiction tolling tolling-provision wrongful-death Are the state-law periods of limitation for Alabama wrongful-death and medical-malpractice claims immune from the tolling provisions of 28 U.S.C. § 13…