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Tuesday, January 31, 2023
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NY Governor Vetoes Grieving Families Act
In June 2022, on the final night of the New York legislative session, both the Senate and Assembly passed the Grieving Families Act, legislation that would completely overhaul wrongful death claims in New York by permitting recovery for emotional damages and expanding the class of persons (“close family members”) who can seek recovery for a fatality. The bill was delivered to the Governor at the very end of 2022, and expired on January 30, 2023, without the Governor signing the bill into law.
It would appear that the many voices in opposition were heard as in her press release, veto memo, and other public reporting, the Governor cites the burden and increased costs on families, small businesses, and New York’s health care industry as reasons for not signing this monumental legislation in its current form. The Governor has voiced support for a more limited reform of New York’s Wrongful Death Statute, which may include limiting claims for grief and emotional damages to parents who suffered the loss of a child, implementing a cap on emotional damages, not applying new legislation retroactively to pending claims, not extending the statute of limitations, and excluding claims for medical malpractice.
It is anticipated this issue will remain a legislative priority in 2023. We will continue to monitor this legislation and provide updates as they become available.
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HF Pointers Legal Alert
Premises Pointers Editor
Jody E. Briandi
Coverage Pointers Editor
Dan D. Kohane
Labor Law Pointers Editor
David R. Adams
Products Liability Pointers Editor &
Medical & Nursing Home Liability Editor
V. Christopher Potenza
Below is a complete list of all Hurwitz Fine newsletter publications:
Coverage Pointers: This biweekly electronic newsletter summarizes important insurance law decisions from appellate courts in New York State with the occasional snapshot across borders. Coverage Pointers, the electronic newsletter that started it all, continues to offer guaranteed publication every other Friday, and a read-at-a-glance summary of important decisions as they happen. Contact Dan Kohane at [email protected] to be added to the mailing list.
Labor Law Pointers: Labor Law Pointers offers a monthly review and analysis of every New York State Labor Law case decided during the month by the Court of Appeals and all four Departments. This e-mail direct newsletter is published the first Wednesday of each month on four distinct areas – New York Labor Law Sections 240(1), 241(6), 200 and indemnity/risk transfer. Contact Dave Adams at [email protected] to subscribe.
Medical & Nursing Home Liability Pointers: Medical & Nursing Home Liability Pointers provides the latest news, developments, and analysis of recent court decisions impacting the medical and long-term care communities. Contact Chris Potenza at [email protected] to subscribe.
Premises Pointers: This monthly electronic newsletter covers current cases, trends and developments involving premises liability and general litigation. Contact Jody Briandi at [email protected] to subscribe.
Products Liability Pointers: This monthly newsletter covers all areas of products liability litigation, including negligence, strict products liability, breach of warranty claims, medical device litigation, toxic and mass torts, regulatory framework and governmental agencies. Contact Chris Potenza at [email protected] to subscribe.
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