New York Wrongful Death Legislation Awaits Governor's Signature Or Veto

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Lewis Brisbois Bisgaard & Smith LLP

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Founded in 1979 by seven lawyers from a premier Los Angeles firm, Lewis Brisbois has grown to include nearly 1,400 attorneys in 50 offices in 27 states, and dedicates itself to more than 40 legal practice areas for clients of all sizes in every major industry.
The New York legal community is closely following the status of Bill S74A, also known as the Grieving Families Act. As discussed in our previous update, if signed into law...
United States New York Litigation, Mediation & Arbitration

The New York legal community is closely following the status of Bill S74A, also known as the Grieving Families Act. As discussed in our previous update, if signed into law, the Act would greatly increase the recoverable damages in wrongful death actions and, as written, would have retroactive effect on all pending lawsuits in the state. The bill passed the New York Senate and Assembly on June 2, 2022. However, it has not yet been delivered to Governor Hochul for a signature or veto. The bill has one Republican and three Democratic co-sponsors.

Passage of the Grieving Families Act in this session was something of a surprise as it was not expected to move forward. However, it is reportedly the number one priority of the plaintiffs bar in New York. At present, we do not expect that the governor will likely review and sign the bill until sometime this fall. In the meantime, defense-friendly interest groups may attempt to lobby for a veto or amendments. However, it is quite possible that the near unanimity in passing the bill (100% in the Senate) makes a veto unlikely.

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