I recently posted here that the Second Circuit held that for a loss of consortium claim related to an asbestos related injury, the claimant need only be married to the injured party when the disease is diagnosed. The First Circuit has followed suit in Leonard v. John Crane, Inc.The court made this additional observation in Leonard, because Leonard’s husband, John, and voluntarily dismissed his personal injury claim against Crane:
John’s dismissal of his cause of action against Crane has no impact on Sandra’s ability to pursue her loss of consortium claim. They are separate causes of action. John’s dismissal was in any event without prejudice, and can have no arguable res judicata or collateral estoppel effect on Sandra’s loss of consortium claim.
In Beckwith v. Dahl, filed May 3, 2012, a panel of the Fourth Appellate District overruled the lower court which had sustained a demurrer to Beckwith’s cause of action for Intentional Interference with an Expected Inheritance (“IIEI”). In recognizing the tort for the first time in California, the court held that plaintiff must allege:
That plaintiff had an expectancy of inheritance;
There must be proof to a reasonable degree of certainty that, but for the actions of the defendant, the plaintiff would have received an inheritance;
Defendant had knowledge of the plaintiff’s inheritance and took actions to interfere with it;
The interference was by independent tortious means, i.e, the underlying interference must be wrong for a reason other than for the interference itself;
Plaintiff suffered damage.
The decision creates a high bar for plaintiffs. However, it creates a remedy previously unavailable and should be welcomed. Wrongful interference with an expected inheritance no longer will have the law as a shield.
I consult with clients and accept cases involving probate matters and contracts to make a will, including cases involving Intentional Interference with an Expected Inheritance. For other types of cases I accept, please scroll my “Home” and “My Practice” pages. If you are seeking a legal consultation or representation, please give me a call at 818.971.9409. – Michael Daymude