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 this Court's decision in Rutledge v. Pharmaceutical Care Management Association, 592 U.S. 80 (2020) clarifies the test for statutory preemptio…
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 1. Whether the "zone of danger" test articulated in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994), applies to wrongful death claims premis…
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 1. Are pro se litigants entitled to equal protection under federal and state laws as represented parties are protected under federal and state laws? …
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 1. Is illegal work considered legitimate work? 2. Does the Virginia worker's compensation act consider illegal work in the course of the business, tr…
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 January 23, 2020, the petitioner initiated a civil action within the U.s. District Court for the Northern District of Maryland asserting adenial of th…
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 Question not identified.
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 1. Whether Congress intended to preempt state wrongful death distribution laws in enacting the Anti-Terrorism Act ("ATA"),! to award wrongful death da…
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 1. Do Florida trial and appellate courts violate constitutional rights to a jury trial and due process by refusing to admit into evidence culpable neg…
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 A police officer, Gino Macioce, shot and killed Mark Daniels. Shortly after the shooting, Officer Macioce was interviewed by other police officers. Of…
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 This medical malpractice wrongful death claim brought by the Petitioner on behalf of the estate of Betty Jane Matlock which has been dismissed twice a…
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 Under Robertson v. Wegmann, 436 U.S. 584 (1978) must a federal court apply a state law prohibition on hedonic damages to a 42 U.S.C. § 1983 survival c…
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 1. Why did the district court, order suasponte dismissing the appellant Precious Wiley Pro-se complaint under the Federal Tort claims Act alleging the…
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 1. Do children given in adoption have a constitutional right to sue for the wrongful death of their biological parent and siblings under the 14th Am…
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 1. Whether the Supreme Court of the State of New York, namely, Judge Marsha L. Steinhardt, erred and abused its/her discretion by dismissing Petiti…
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 1. 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 Am…
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 a Medical Examiner's Opinion as to the cause and manner of death is admissible in a criminal trial when the Opinion given is information obtai…
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 Question not identified.
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 Did the Court of Appeals for the Fifth Circuit improperly weigh evidence and fail to draw factual inferences in favor of the nonmoving party when it d…
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…