What is the test for a defendant to be found liable in a second action for wrongful death?
MultiRegion, United States of America
The following excerpt is from Miller v. Najera, Case No. 1:19-cv-01077-AWI-BAM (PC) (E.D. Cal. 2020):
attributable to forces outside the control of the plaintiff; and (3) the defendant must not be prejudiced by application of the doctrine (which is normally not a factor since the defendant will have had notice of the first action)." Hull v. Central Pathology Service Med. Clinic, 28 Cal. App. 4th 1328, 1336 (1994).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant liable in a civil action brought by a former member of the parole board for wrongful dismissal? (MultiRegion, United States of America)
What is the test for a default judgment in a personal injury action brought by a defendant who has not appeared or defended the action? (MultiRegion, United States of America)
Does a state court have jurisdiction to hear a wrongful death action brought by an Indian plaintiff against a non-Indian defendant? (MultiRegion, United States of America)
Is a plaintiff entitled to recover damages from the Defendant in a wrongful death action? (MultiRegion, United States of America)
Is a wrongful death a cause of action for personal injury to the beneficiary of the action? ("New York", United States of America)
In a wrongful death action for personal injury and pain and suffering incurred by the beneficiaries of the deceased, is there a right to double recovery of the expenses incurred in the absence of a survival action? ("New York", United States of America)
In what circumstances will a corporation be liable for expenses paid by the Corporation to the Defendant's lawyers in an action brought by stockholders against the Defendant? (MultiRegion, United States of America)
What is the test for establishing that a party to a wrongful death claim had an identity of interest with, and adequate representation by, the losing party in the second action? (MultiRegion, United States of America)
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed? (MultiRegion, United States of America)
Can a defendant be held liable for the actions of a third party? (MultiRegion, United States of America)
