Defending Today’s Grief

Law360, New York (June 1, 2011, 1:48 PM EDT) -- This article is more of a question than an answer. You’re defending a products liability case in which someone died and their family is suing for wrongful death or as bystanders. By virtue of the death, the family will grieve.

Many times, the plaintiffs face an onerous task of proving intentional infliction of emotional distress and some other claims, so one of their default claims is complicated, prolonged or traumatic grief.

How vigorously do you defend this claim?[1] You will have a hard time convincing the...
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