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T. Thomas Metier

In a Wrongful Death Action, Can an Earlier Agreed-to Arbitration Agreement Be Enforced?

In Kindred Healthcare v. Boyd, (2017 Wy. 22), the Supreme Court for the State of Wyoming answers this question. Ninety-three-year-old Aletha Boyd (“Aletha”) died following her discharge from Kindred Nursing and Rehabilitation – Wind River (“Kindred”). Her daughter, Susan Boyd […]

T. Thomas Metier

Was the Misuse of a Jack to Blame in a Wrongful Death Lawsuit Against BMW?

The Eighth Circuit Court of Appeals agreed with BMW and the district court that a reasonable jury would have to conclude that Lindholm misused the jack.

T. Thomas Metier

Colorado Court of Appeals Bunts on the Question of Fetal Personhood Under the Survival Statute

The Court of Appeals said that dealing with the question of personhood under the Survival Statute was not necessary at this time, so it did not make a determination.

T. Thomas Metier

Why Would the Testimony of an Expert Be Excluded in a Case?

Amica moved to exclude Kezer’s opinion as inadmissible under Federal Rule of Evidence 702, because it is opinions about the law, not explanation of facts in light of governing law.