Sentences with phrase «death claim against the defendant»

Not exact matches

The Court of Appeals reversed the trial court and found that Lola's beneficiaries were not required to arbitrate their wrongful death claims against the nursing home defendants.

Specifically, in Rafferty v. Merck & Co., Inc., [4] the SJC held that plaintiffs who ingest the generic form of a drug may bring failure to warn claims against the brand - name manufacturer of the drug if the brand - name defendant acted recklessly by «intentionally fail [ing] to update the label on its drug while knowing or having reason to know of an unreasonable risk of death or grave bodily injury associated with its use.»

This should help to preserve evidence, as well as immediately get a jump start on a claim against a defendant likely to ultimately face numerous claims for injuries and wrongful death stemming from the same incident.

However, Indiana personal injury and wrongful death claims against other defendants may still proceed.