Legal Opinion
Erickson v. Baxter Healthcare, Inc.
District Court, N.D. Illinois
Decided April 5, 2000No. 99 C 426PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BUCKLO, District Judge.
Walter Erickson was a hemophiliac. The defendants in this case gave him plasma factor tainted with hepatitis B and C and HIV, causing his death. They argue here that his surviving spouse’s state law wrongful death and survival actions for negligence should be dismissed because Mr. and Ms. Erickson declared bankruptcy before his death, and these causes of action became, by operation of law, the exclusive property of the bankruptcy estate, so Ms. Erickson lacks standing to sue as a representative of her husband’s estate or on her own behalf.…
2Cases cited29 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Ingersoll v. KleinIllinois Supreme Court · 1970
- The Lexington Insurance Company v. Rugg & Knopp, Inc., and the Salt Lake City CorporationCourt of Appeals for the Seventh Circuit · 1999
- In the Matter of Trim-X, Inc., Debtor. Appeal of Maurice Levine, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1983
24 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cusano v. KleinCourt of Appeals for the Ninth Circuit · 2001
- Malden Mills Industries, Inc. v. Maroun (In Re Malden Mills Industries, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2004
- Harms v. Cigna Insurance CompaniesDistrict Court, D. South Dakota · 2006
- Bucciarelli-Tieger v. Victory Records, Inc.District Court, N.D. Illinois · 2007
- In Re Jz, LLCUnited States Bankruptcy Court, D. Idaho · 2006
5 more not listed; retrieve them via the Exa API.